Fifth Circuit Holds that Surety Bonds Are Not Executory Contracts
The Fifth Circuit said in dicta that courts might apply the ‘functional approach’ rather than the Countryman test in deciding whether a triangular contract is executory.
Court:
FERC Strikes Out a Third Time in the Fifth Circuit on Rejecting Power Contracts
FERC tried the patience of the Fifth Circuit by arguing again that the agency can bar a chapter 11 debtor from rejecting a filed-rate contract.
Court:
Supreme Court to Decide Whether Section 363(m) Is a Jurisdictional Bar to Appeal
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Supreme Court to Decide Whether Section 363(m) Is a Jurisdictional Bar to Appeal
The Supreme Court now has two bankruptcy cases on the calendar for argument in the term to begin in October.
Court:
Assume the Worst: Executory Contract Law in 2022
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Rock Hill Mayor: Panthers Owner Filed Bankruptcy in Training Facility to Avoid Paying Contractors
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A Hole in § 365(n)
Journal Issue:
Benchnotes May 2022
Journal Issue:
Invoking Mirant, Fifth Circuit Permits Rejection of a Gas Pipeline Contract
Unsuccessfully attempting to punch homes in Mirant, FERC emerged from the Fifth Circuit with no power to stop bankruptcy courts from rejecting contracts otherwise within FERC’s jurisdiction.
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