Circuit and District Court Splits on Important Bankruptcy Issues with Bill Rochelle
Ninth Circuit Says Assumption Under Section 365(p) Doesn’t Also Require Reaffirmation
Lease assumption is binding even if the debtor doesn’t follow the procedural requirements of Section 365(p).
Court:
Benchnotes August 2020
Journal Issue:
Boston Judge Suggests Procedures for Removing Uncertainty from Section 365(p)
Judge Hoffman’s analysis comports with the ABI Commission’s recommendations for improvements in lease assumptions by chapter 7 debtors under Section 365(p).
Court: