What Is a Cure Claim and What Does It Mean That the Buyer Has to Provide Adequate Assurance of Future Performance Under My Contract? - Creditor’s Rights Toolkit

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Troutman Pepper's Creditor’s Rights Toolkit is a series that provides practical insights to help creditors confront the challenges of commercial bankruptcy.

Section 365 of the Bankruptcy Code allows a debtor to assume (retain) or assume and assign an executory contract to a third party, provided that all monetary and nonmonetary defaults are cured. In addition to curing all defaults, Section 365 of the Bankruptcy Code requires that the party to whom a debtor seeks to assign an executory contract provides adequate assurance of future performance under the contract.

This article briefly explains the key issues of a Cure Claim in a bankruptcy case.

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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