Circuit Split May Deepen on Assuming a Franchise over the Franchisor’s Objection
Ohio’s Bankruptcy Judge Nami Khorrami sides with the minority on a circuit split that the Supreme Court ducked in 2009.
An ‘Admin’ Claim Isn’t Mandated for Nonpayment of Rent Before Automatic Rejection
To align with congressional intent underpinning Section 365(d)(3), Judge Gravelle gave the landlord an administrative claim for base rent due after filing and before automatic rejection.
Court:
Early Edition with Bill Rochelle
An Agreement to Modify a Mortgage Was an Assumable Executory Contract
Is pre-filing a mortgage modification agreement a contract to make a loan that cannot be assumed under Section 365(c)(2)?
MOAC Again: No Remedy for the Landlord Despite Beating Sears in the Supreme Court
On remand from the Supreme Court and the Second Circuit, the district court decides that the Mall of America landlord isn’t entitled to more than the bargain it made with Sears in 1991.
Big Stuff on Chapter 11 from the Second Circuit and Elsewhere
Noncompete and Confidentiality Agreements Can’t Be Rejected as Executory Contracts
If a breach results only in a right to equitable relief, there is no ‘claim’ and thus no executory contract.
WeWork Eyes Exit From Chapter 11 Without Additional Bankruptcy Loans
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