Weil

Restructuring

Executory Contracts & Unexpired Leases

Assumption & Rejection, Automatic Stay, Chapter 11 Plans, Chapter 15, Cramdown, DIP Financing, Executory Contracts & Unexpired Leases, Financing, International, Jurisdiction & Appeals, Out-of-Court Restructuring, Pre-Filing Considerations, What We're Watching

Aviation Chapter 11 Cases Take Flight

Contributor(s)

Arbitration, Assumption & Rejection, Case Overviews, Executory Contracts & Unexpired Leases

Arbitrate? You Can’t Make Me! Rejection Trumps Arbitration, Says Texas Bankruptcy Court

Contributor(s)

Ronit J.
Berkovich

Assumption & Rejection, Executory Contracts & Unexpired Leases, Pre-Filing Considerations

Executory or Not Executory? That is the Question – NJ Bankruptcy Court Rules That Court-Ordered Specific Performance Renders a Contract Non-Executory

Contributor(s)

Jacqueline
Marcus

Executory Contracts & Unexpired Leases, Real Estate, Securitizations & Hedges

Eastern District of Virginia Bankruptcy Court Finds Landlord’s Lender Has No Right to Enforce Landlord’s Lease with Bankrupt Retailer

Contributor(s)

Ronit J.
Berkovich

Assumption & Rejection, Executory Contracts & Unexpired Leases, Intellectual Property, What We're Watching

Supreme Court Sides with Trademark Licensees in Rejection Dispute

Contributor(s)

Ronit J.
Berkovich

Assumption & Rejection, Executory Contracts & Unexpired Leases

Sold or Rejected? To Be or Not to Be ― Executory

Contributor(s)

Assumption & Rejection, Executory Contracts & Unexpired Leases

Double Trouble: The Executory Effect of a Clerical Error

Assumption & Rejection, Executory Contracts & Unexpired Leases, Intellectual Property, What We're Watching

Supreme Court Grants Certiorari in Trademark License Case

Contributor(s)

Ronit J.
Berkovich

Assumption & Rejection, Executory Contracts & Unexpired Leases, Intellectual Property, What We're Watching

From Gucci to Knock-off: How Bankruptcy Leaves Trademark Licensees at Risk

Contributor(s)

Ronit J.
Berkovich

Assumption & Rejection, Executory Contracts & Unexpired Leases

Subjective Intent to Assume Unexpired Lease of Nonresidential Real Property Deemed Insufficient

Contributor(s)

Executory Contracts & Unexpired Leases

According to One Bankruptcy Court, the “Wrangle Over Executoriness May be a Tale ‘Full of Sound and Fury, Signifying Nothing’"

Assumption & Rejection, Executory Contracts & Unexpired Leases

Dueling Debtors: Missouri Bankruptcy Court says Debtor Can Reject Contract That Counterparty (Who is Also a Debtor) Sought to Assume

Contributor(s)

Executory Contracts & Unexpired Leases

Bankruptcy Court Makes ‘Executive’ Decision, Rules Master Service Agreement Ineligible for Rejection

Chapter 11 Plans, Chapter 11 Trustees & Examiners, Chapter 15, Executory Contracts & Unexpired Leases, International, Lookback Period, Secured Claims

Lookback Period: Eight Weeks (Part 3)

363 Sales, Executory Contracts & Unexpired Leases, Involuntary Petitions, Jurisdiction & Appeals, Lookback Period, Property of the Estate, Real Estate, Subordination & Recharacterization, Subrogation

Lookback Period: Eight Weeks (Part 2)

Executory Contracts & Unexpired Leases

It’s All or Nothing: Delaware District Court Says Debtor Cannot Pick and Choose From Bundle of Related Agreements!

363 Sales, Anti-Assignment Clauses, Energy Sector, Executory Contracts & Unexpired Leases

Kentucky Bankruptcy Court Holds That Coal Mining Lease is Not an Executory Contract or Unexpired Lease and is Transferable Pursuant to Section 363 Despite an Anti-Assignment Provision

363 Sales, Executory Contracts & Unexpired Leases, Real Estate

Puh-lease, It’s a Lease: Bankruptcy Court Upholds Agreements as True Leases Entitled to Section 365(h) Protections

Avoidance Actions, Chapter 11 Plans, Claims, Executory Contracts & Unexpired Leases, Financing, Jurisdiction & Appeals, Litigation Issues, Lookback Period, News, Professionals, Real Estate, Rules & Procedures, Subordination & Recharacterization

Lookback Period: Two Weeks

Executory Contracts & Unexpired Leases, Real Estate

Delaware Bankruptcy Court Holds That Vacating Premises After Rejection of a Lease Does Not Constitute Termination of the Lease

Assumption & Rejection, Avoidance Actions, Corporate Governance & Fiduciary Duties, Executory Contracts & Unexpired Leases

Bankruptcy Court Analyzes Preference and Fraudulent Transfer Claims as Applied to the Termination of a Lease

Assumption & Rejection, Executory Contracts & Unexpired Leases, Intellectual Property

Trump-ing the Automatic Stay: Delaware Bankruptcy Court Allows Suit to Terminate Trademark Licensing Agreement

Energy Sector, Executory Contracts & Unexpired Leases

Drilling Down: A Deeper Look into the Distressed Oil & Gas Industry Part 4—Smoke on the Water: The Hazy Law of Oil and Gas Leases on the Outer Continental Shelf

Energy Sector, Executory Contracts & Unexpired Leases

Drilling Down: A Deeper Look into the Distressed Oil & Gas Industry Part 3—The Ability to Assume or Reject Oil and Gas Leases

ABI Reform Commission, Automatic Stay, Executory Contracts & Unexpired Leases, Setoffs

ABI Chapter 11 Reform Commission Series: Shallow Harbors? An In-Depth Look at the Proposed Changes to the Safe Harbor Provisions

Executory Contracts & Unexpired Leases

If it Looks Like a Duck and Quacks Like a Duck, Then…: Kansas Bankruptcy Court Finds Car “Lease” is a Disguised Financing Based on Economic Realities of Transaction

Executory Contracts & Unexpired Leases, Property of the Estate

Interest in an LLC: Property or a Contractual Right? You Decide (But We Are Warning You the Stakes Are High)!

Executory Contracts & Unexpired Leases, Intellectual Property

Crumbs Bake Shop Finds Layers of Rights Under a Rejected Trademark License

Executory Contracts & Unexpired Leases, Jurisdiction & Appeals

What’s the Difference Between a Contested Matter and an Adversary Proceeding Anyway?

Executory Contracts & Unexpired Leases

Peering Through the Muck Again: Another Court Analyzes Whether LLC Operating Agreements are Property Interests or Executory Contracts

Contributor(s)

Automatic Stay, Avoidance Actions, Executory Contracts & Unexpired Leases, Throwback Thursday

A Spoonful of Sugar Helps the [UCC] Remedy Go Down: Recognition of Stoppage Rights in the Early Years of the Bankruptcy Code

Executory Contracts & Unexpired Leases, Intellectual Property

The Eighth Circuit Reverses Course and Concludes that a License Agreement that Is Part of a Completed Sale Transaction Is Not an Executory Contract

Executory Contracts & Unexpired Leases

Contract Remedies in the Face of Imminent Default – What Happens to State Law Adequate Assurance and Anticipatory Breach in Bankruptcy?

Assumption & Rejection, Claims, Executory Contracts & Unexpired Leases

To Assume or Not to Assume, that Is the Question: What Act Constitutes “Assumption” Under Section 365(d)(4) of the Bankruptcy Code?

Assumption & Rejection, Executory Contracts & Unexpired Leases

Executory Contracts: Sometimes Debtors Can Be Choosers!

363 Sales, Executory Contracts & Unexpired Leases

363(f) Versus 365(h): A Victory for 363(f), At Least in this Case

Anti-Assignment Clauses, Executory Contracts & Unexpired Leases

Ninth Circuit B.A.P. Affirms That Liquidating Trust Can Receive Joint Venture Interests Notwithstanding Transfer Restrictions in Operating Agreement

Assumption & Rejection, Claims, Executory Contracts & Unexpired Leases

What Rights Do You Have If Specific Performance Is Your Only Remedy Under a Rejected Contract? Possibly None.

Executory Contracts & Unexpired Leases

A Promise Plus a Right to Win a Lawsuit — How the Right to Demand Adequate Assurance (Under State Law) Attempts to Protect Contract Counterparties

Executory Contracts & Unexpired Leases

Nine Years Later and We Are Still Peering Through the Muck: Are LLC Membership Agreements Property Interests or Executory Contracts?

Executory Contracts & Unexpired Leases

Is a Promise Plus a Right to Win a Lawsuit Enough? How the Right to Demand Adequate Assurance (Under State Law) Attempts to Protect Contract Counterparties

Assumption & Rejection, Executory Contracts & Unexpired Leases

Assumption of a Real Property Lease and Then, Ten Months Later, Assignment? SDNY Gives the Green Light in a Case of First Impression

Executory Contracts & Unexpired Leases

Good Advice: Third Circuit Reverses District Court on Issue of Advisory Opinions

Assumption & Rejection, Executory Contracts & Unexpired Leases

Is There a “Meating” of the Minds on Retroactive Lease Rejection?

Assumption & Rejection, Executory Contracts & Unexpired Leases

Contract Assumption Defense Puts Brakes on Mustang Preference Suit

Anti-Assignment Clauses, Executory Contracts & Unexpired Leases

Liquidating Trust Receives Joint Venture Interests Notwithstanding Transfer Restrictions in Operating Agreement

Assumption & Rejection, Executory Contracts & Unexpired Leases

Assume or Reject? Why Not Both?

Assumption & Rejection, Executory Contracts & Unexpired Leases

Debtor Cannot Avoid Transfer Despite Avoidable Lien

Contributor(s)

Assumption & Rejection, Executory Contracts & Unexpired Leases

Coverage of the June 4, 2013 Chapter 11 Reform Commission Hearing: Part 1 of 2

Executory Contracts & Unexpired Leases

What a Contract Joins Together, No Court Must Separate

Executory Contracts & Unexpired Leases

The Bucket Theory: Delaware Provides Guidance on the Definition of “Repurchase Agreements”

Assumption & Rejection, Claims, Executory Contracts & Unexpired Leases

Lording Over Unsecureds: A Commercial Landlord’s Claim for Indemnification

Assumption & Rejection, Executory Contracts & Unexpired Leases

If at First You Don’t Succeed, Don’t Try This! Delaware Bankruptcy Court Dismisses Debtor’s Tactic to “Circumvent” Third Circuit Decision Prohibiting Rejection of a Contract

Assumption & Rejection, Breaking the Code, Executory Contracts & Unexpired Leases

Section 365(h) – Rejecting a Lease When the Debtor Is the Landlord

Contributor(s)

Executory Contracts & Unexpired Leases

Capital Maintenance Agreements and Section 365(o) – Sixth Circuit Rules ‘To Ensure’ Does Not Mean ‘To Maintain’

Executory Contracts & Unexpired Leases

Leave State Court Litigation to the State Courts: Delaware District Court Issues Warning Regarding Impermissible Advisory Opinions

Executory Contracts & Unexpired Leases

One Company Learns a $20 Million Dollar Lesson on Contractual Commitments

Assumption & Rejection, Executory Contracts & Unexpired Leases

The Time Value of Rejection Damages

Assumption & Rejection, Executory Contracts & Unexpired Leases

Terminator II — Second Circuit Revisits the Distinction Between Terminated and Expired Leases Under Section 365(d)(3)

Contributor(s)

Executory Contracts & Unexpired Leases

Seventh Circuit's Take on Section 365(n) of the Bankruptcy Code: What’s the Point?

Executory Contracts & Unexpired Leases

The Yu-Gi-Oh! Anime Series’ Duel for the Future of the Series in the Western World

Executory Contracts & Unexpired Leases

Delaware Court Holds that Contract Remains “Executory” Notwithstanding Prepetition Breach

Avoidance Actions, Executory Contracts & Unexpired Leases

Sellers Celebrate: Delaware Bankruptcy Court Confirms that Assumption and Assignment of an Executory Contract Offers Protection from Preference Claims

Executory Contracts & Unexpired Leases, Jurisdiction & Appeals, Stern Files

Contract Claims Not Necessarily an Ace for Parties Challenging Bankruptcy Court Jurisdiction Under Stern

Assumption & Rejection, Executory Contracts & Unexpired Leases

Bankruptcy Code Preempts State Law Requiring New Chrysler to Offer Right of First Refusal to Rejected Dealerships

Assumption & Rejection, Executory Contracts & Unexpired Leases

Rejected! Bankruptcy Court Denies Debtors’ Attempt to Reject Lease While Property Still Occupied by Sublessee

Assumption & Rejection, Executory Contracts & Unexpired Leases, Labor & Employment

Anything But Ordinary: Debtor’s Severance Payment Obligations Were Neither Made in the Ordinary Course Nor Could Be Assumed as Part of an Executory Contract

Claims, Executory Contracts & Unexpired Leases

If It Had Only Called. . . Second Circuit Finds that Picking up the Phone May Have Allowed Payphone Company to Avoid Claim for Lost Profits

Assumption & Rejection, Executory Contracts & Unexpired Leases, Post-Confirmation Issues

When Is a Debtor Really Off the Hook on a Rejected Lease? (The Answer May Not Be as Simple as You Think)

Chapter 15, Executory Contracts & Unexpired Leases

Balancing Act: Comity, Public Policy, and the Protection of “Other Interests” in Chapter 15

Automatic Stay, Executory Contracts & Unexpired Leases, Jurisdiction & Appeals

Peering Through the Muck: Court Analyzes Operation of Ipso Facto Provisions in LLC Membership Agreements Under Section 541 of the Bankruptcy Code

363 Sales, Executory Contracts & Unexpired Leases

What Happens When a Debtor Seeks to Reject a Right of First Refusal?

Assumption & Rejection, Automatic Stay, Executory Contracts & Unexpired Leases

Evictors Beware! Southern District of New York Denies Postpetition Rent to Landlord Stayed from Executing a Warrant of Eviction

Executory Contracts & Unexpired Leases

It’s Too Late, Baby, Now It’s Too Late: the New Cure Standard for Nonmonetary Defaults Under Section 365(b)

Assumption & Rejection, Executory Contracts & Unexpired Leases

More Time to Make the Donuts: Court Holds Debtor-Franchisee Is Not Bound By the Deadline to Assume or Reject Nonresidential Real Property Leases

Executory Contracts & Unexpired Leases

UPDATE TO: Rejection of an Executory Contract Does Not Relieve a Debtor of Assumed Liabilities

Executory Contracts & Unexpired Leases

Rejection of an Executory Contract Does Not Relieve a Debtor of Assumed Liabilities

Executory Contracts & Unexpired Leases, Financing, Letters of Credit

Abstention Decision Raises Troubling Issues on Letters of Credit