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Uniform Commercial Code (UCC) Executory Contracts

Bricker Graydon LLP

5 issues to consider if your customer files bankruptcy

Bricker Graydon LLP on

As industry observers anticipate an increase in bankruptcy filings resulting from the COVID-19 pandemic, it is important for creditors to understand the risks that arise in dealing with a distressed business. Below are five...more

Pillsbury Winthrop Shaw Pittman LLP

New York Bankruptcy Court Strikes Liquidated Damages Provision and Related Guarantee as Unenforceable Penalty

New York bankruptcy court cautions against liquidated damages provisions that are “invariant to the gravity of the breach.” Liquidated damages provisions must be based on a “causal link” between the anticipated harm and...more

Shumaker, Loop & Kendrick, LLP

A Rose by Another Name has its Thorns

David Conaway advises not to get stuck in Chapter 11 when a sales contract is deemed to be an executory contract. Originally published in Eurofenix, Autumn 2018. ...more

Foley & Lardner LLP

Manufacturing Contracts in Distress

Foley & Lardner LLP on

The automotive industry has recently enjoyed a strong period of sales growth and productivity. But even during this period, some manufacturers and raw materials suppliers continue to face pressures presented by financially...more

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