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About Robert S. Brady

Robert S. Brady

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Articles by Robert S. Brady

Battling Bankrupt Bargains – A Non-Debtor Perspective on Executory Contracts

mong the most powerful and best known tools the Bankruptcy Code provides a debtor is the ability to reject burdensome contracts or to assume (and potentially assign) valuable contracts. From the perspective of non-debtor counterparties to such contracts, it may seem that the Bankruptcy Code stacks the deck against them. The well-publicized spike in retail bankruptcy cases has highlighted the treatment of leases of non-residential real property (i.e., store leases).


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