Rochelle's Daily Wire

ABI Exclusive

March 16, 2018

Unperformed obligations must be ‘material’ for a contract to be executory.

February 28, 2018

An asset purchaser cannot escape liability for appropriating the benefits of a contract that was not assumed and assigned.
An asset purchaser cannot escape liability for appropriating the benefits of a contract that was not assumed and assigned.

February 16, 2018

A case on the ability of state law to take property out of the estate after filing may not go to the Supreme Court.
A case on the ability of state law to take property out of the estate after filing may not go to the Supreme Court.

February 12, 2018

Opinion ostensibly leaves a debtor without recourse for a supplier’s post-petition breach occurring before rejection.
Opinion ostensibly leaves a debtor without recourse for a supplier’s post-petition breach occurring before rejection.

January 31, 2018

There is no implied assumption of an executory employment contract under the Bankruptcy Code.
There is no implied assumption of an executory employment contract under the Bankruptcy Code.

January 18, 2018

Waiving the automatic stay and immediately closing a sale does not make Section 363(m) inapplicable.