Most every business relies on executory contracts, which often contain at least one bankruptcy provision. It is important for businesses to be aware of the common bankruptcy provisions that cannot be ...

What is a hedged executory contract? A “hedged executory contract” is another type of transaction that is eligible for integration under Code Section 988(d). A hedged executory contract results when a ...

The events of the past month and rapid increase of interest rates will put further pressure on certain sectors of the economy, including the real estate sector. While it is difficult to predict where ...

As we have reported previously over the years, a key provision in the Bankruptcy Code is Section 365, a lengthy provision that addresses the disposition of executory contracts between the debtor and ...

There has long been a tension in the U.S. Bankruptcy Code between Section 541 ("Property of the estate") and Section 365 ("Executory contracts and unexpired leases"). Section 541 essentially provides ...

Editor’s Note: Benjamin E. F. B. Waller is a member of the Financial Institutions and Litigation Sections and the Intellectual Property and Creditors’ Rights Practice Groups of Ward and Smith, P.A.

In Lewis Bros Bakeries Inc v Interstate Brands Corp, a case originating out of bankruptcy court, the US Court of Appeals for the Eighth Circuit has affirmed the bankruptcy court’s finding that a ...

The most important reason to understand bankruptcy is to protect yourself from the draconian results that can result to you from a bankruptcy of the other party to a transaction. The United States ...

When a franchisee files bankruptcy for her business, all her business assets become part of a "bankruptcy estate." That includes the franchise agreement, which may be her most valuable asset. Filing ...

A contract between businesses can require an ongoing obligation to provide services or goods over a substantial period of time. These contracts are generally the product of a long period of ...

IMF says the IBC Amendment Bill fixes several gaps but fails to address operational creditors' voting rights, executory ...