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Executory Contracts Assignments

Goodwin

Top 10 Questions About Bankruptcy Sales - A Primer on Sales Under Section 363 of the Bankruptcy Code

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A bankruptcy sale is an opportunity to potentially acquire assets at distressed pricing. A bankruptcy sale also presents prospective bidders with a level playing field to conduct due diligence, submit a bid, and compete...more

Goodwin

Top 10 Questions For Landlords to Ask When a Tenant Files for Bankruptcy

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As uncertain economic times continue, particularly in the retail sector, commercial tenant bankruptcies are on the rise. Goodwin’s Financial Restructuring group presents 10 questions (and related practice points) for...more

Latham & Watkins LLP

Weinstein Bankruptcy Decisions Find Talent Agreement Non-Executory, but Post-Closing Obligations Must be Honored

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The Weinstein Company Holdings bankruptcy decisions clarify a buyer’s ongoing obligations under contracts purchased in bankruptcy, subject to resolution of appeals. Executive Summary - In the In re The Weinstein...more

Kramer Levin Naftalis & Frankel LLP

Delaware Bankruptcy Court Rejects “Implied Assumption” of Executory Contracts As Part of Asset Sale

The Delaware Bankruptcy Court recently held, in Stanley Jacobs Prod., Ltd. v. 9472541 Can. Inc. (In re Thane Int'l, Inc.), No. 17-50476 (KG), 2018 Bankr. LEXIS 464 (Bankr. D. Del. Feb. 21, 2018), that a debtor must file a...more

Jackson Walker

Selected Drafting Issues In Midstream Contracts

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I will share a small secret – or perhaps, it is not a secret at all. As CLE presentations go, “drafting tip” presentations tend to be very practical in their orientation and are, therefore, more enjoyable and less stressful...more

Bradley Arant Boult Cummings LLP

Bankruptcy 101 for Intellectual Property Licenses

Generally, license agreements are “executory contracts” in bankruptcy. Executory means performance is due from both sides. When a party to an executory contract becomes a debtor in bankruptcy, it may either reject or assume...more

K&L Gates LLP

The Limited Liability Company and Bankruptcy Code

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This K&L Gates Legal Insight highlights certain potential bankruptcy and insolvency issues that clients and legal practitioners should take into account when forming a limited liability company (“LLC”) under state law. These...more

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