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Second Circuit holds that general contractor doesn’t have to be satisfied in full for real estate developer to assume and assign...

In a recent decision, the Second Circuit held that only parties with the right to pursue a breach of contract claim under an executory contract or unexpired lease have the right to demand a cure payment in the event the...more

Court in Puerto Rico case adopts alternative test to find settlement agreements were executory

Section 365 of the Bankruptcy Code creates a framework through which a debtor can elect to either assume or reject an executory contract. Because the Bankruptcy Code does not define "executory", courts utilize various tests...more

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