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BKY Cases and Plans

Executory Contracts/Leases

August 28, 2017

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

David S. Lorry of Versa Capital Management, LLC
Robert S. Brady, Esq. of Young Conaway Stargatt & Taylor, LLP[1]

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).

February 6, 2015

RECOMMENDED READING: Contracts that Cannot Be Assumed and Assigned Because Counterparty Cannot be Compelled to Accept Performance From an Assignee

From the Editorial Staff of Commercial Bankruptcy Litigation

April 24, 2013

When Your IP Licensor Files for Bankruptcy

  • Jonathan Guy
  • Orrick, Herrington & Sutcliffe LLP
  • Washington, District of Columbia
  • (202) 339-8519

April 24, 2013

When Your Tenant Files for Bankruptcy

  • Paul R. Hage
  • Jaffe Raitt Heuer & Weiss, P.C.
  • Southfield, Michigan
  • (248) 351-3000

This blog entry provides a basic overview for issues facing a landlord of commercial real property when its tenant becomes a debtor, by starting a bankruptcy case under chapter 11 of the United State Code (the “Bankruptcy Code”). A given case may present other or additional issues (and timelines), due to the nature of the case or orders of the bankruptcy court.