Creating a Split, Second Circuit Says that Section 363(m) Is Jurisdictional
The new decision from the Second Circuit is based on prior opinions where the appeals court said there was no “jurisdiction” when it would have been correct to say there was no “power.”
Court:
Arbitration Clause Not Enforceable When the Contract Itself Was Rejected
Judge Jernigan in Dallas differs with a judge in Delaware by declining to enforce an arbitration agreement that was part of a rejected contract.
Hot Topics with Bill Rochelle
Circuit and District Court Splits on Important Bankruptcy Issues with Bill Rochelle & Friends
Surety Bonds Aren’t Executory Contract and Can’t Be Assumed, District Judge Says
An irrevocable surety bond isn’t executory because it gives the bonding company no further obligations to the debtor.
Court:
Splits and Confounding Issues Destined for the Supreme Court
District Judge Rakoff Explains Why the Debtor Alone May Assert a Cure Claim
A creditor can’t assert a cure claim, even though Section 365(b) doesn’t give the counterparty the sole right to demand a cure on assumption of an executory contract.