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.
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