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Eleventh Circuit Holds that a Chapter 13 Plan Alone Can’t Assume a Lease or Contract

In the first court of appeals decision on the topic, the Eleventh Circuit holds that the chapter 13 trustee alone has power to assume a lease or contract.
Court: 
11th Circuit

Statutory Basis Explained for Deferring Rent in Response to the Coronavirus

Section 365(d)(3) doesn’t contain a remedy for failure to pay rent on time, Judge Huennekens says.
Court: 
4th Circuit›Virginia›Virginia Eastern District

Executory Contract Was Deemed Rejected Even Though Not Scheduled as Executory

For the Eleventh Circuit, scheduling the unsecured claim resulted in automatic rejection even though the contract was not scheduled as executory.
Court: 
11th Circuit

Split Ninth Circuit Permits Extending a Statutory Deadline After It Expires

Majority on Ninth Circuit panel believe that having previously extended a deadline allowed the invocation of “excusable neglect” to extend the deadline again after it expired.
Court: 
9th Circuit

District Court Strictly Enforces ‘Adequate Assurance’ Standards for Shopping Centers

District court reverses and bars Sears from assigning Mall of America lease.
Court: 
2nd Circuit›New York›New York Southern District

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