Most businesses are (reluctantly) required to deal with customers, suppliers and counterparties to agreements that enter bankruptcy proceedings, yet there is a great lack of knowledge as to how the ...

Bankruptcy debtors have special rights in contracts or leases where both parties have outstanding obligations, known in legal terms as “executory contracts” or “unexpired leases”. If you are doing ...

Whether a contract is "executory" such that it can be assumed, rejected, or assigned in bankruptcy is a question infrequently addressed by the circuit courts of appeals. The U.S. Court of Appeals for ...

Forbes contributors publish independent expert analyses and insights. I cover Wealth Preservation in its legal permutations When drafting LLC operating agreements, lots of planners include clauses to ...

On May 25, the Second Circuit upheld the New York district court's decision concluding that certain midstream gathering agreements were executory contracts, subject to rejection in a bankruptcy ...

In an opinion issued by the U.S. Court of Appeals for the Fifth Circuit dated Aug. 11, in a case styled In re Falcon V, case no. 21-30668, the court held a surety bond is not an executory contract, ...

Law360, New York (August 30, 2012, 7:32 PM EDT) -- A contract between companies that have fulfilled most but not all of their obligations to one another is executory, or able to be rejected in ...

Law360, New York ( November 2, 2012, 1:16 PM EDT) -- In In re Interstate Bakeries Corporation, ___ F.3d ___ (8th Cir. 2012) (IBC), the Eighth Circuit Court of Appeals ruled that a perpetual, ...

No matter how talented and intelligent you are, your job security is only as strong as your employer's financial condition. Even with a rock solid employment contract, it's possible to lose your job ...

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