Executory Contracts and Unexpired Leases Archives - DailyDAC https://www.dailydac.com/tag/executory-contracts-and-unexpired-leases/ DailyDAC Tue, 23 Jun 2026 15:16:53 +0000 en-US hourly 1 https://wordpress.org/?v=7.0.4 When the Top Hat Tips: Protecting Executive Compensation from the Creditors’ Hit List https://www.dailydac.com/when-the-top-hat-tips-protecting-executive-compensation-from-the-creditors-hit-list/?utm_source=rss&utm_medium=rss&utm_campaign=when-the-top-hat-tips-protecting-executive-compensation-from-the-creditors-hit-list Mon, 30 Mar 2026 13:00:16 +0000 https://www.dailydac.com/?p=65921 When Chapter 11 looms, NQDC arrangements and ‘top-hat’ plans can quickly transform from retention tools into contested liabilities.

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]]> Insider Lease Agreements: When Smart Structuring Crosses the Ethical Line https://www.dailydac.com/insider-lease-agreements-when-smart-structuring-crosses-the-ethical-line/?utm_source=rss&utm_medium=rss&utm_campaign=insider-lease-agreements-when-smart-structuring-crosses-the-ethical-line Mon, 09 Mar 2026 13:44:53 +0000 https://www.dailydac.com/?p=64941 When financial distress emerges and a bankruptcy filing follows, insider lease agreements are subject to close review and scrutiny by the court.

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]]> Potential Pitfalls and Opportunities in Healthcare Restructuring https://www.dailydac.com/pitfalls-and-opportunities-in-healthcare-restructuring/?utm_source=rss&utm_medium=rss&utm_campaign=pitfalls-and-opportunities-in-healthcare-restructuring Mon, 12 May 2025 17:00:57 +0000 https://www.dailydac.com/?p=25135 Issues in healthcare restructuring differ from corporate restructurings due to the industry’s regulatory environment and focus on patient welfare.

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]]> Assess 3 Potential Preference Action Defenses https://www.dailydac.com/assess-3-potential-preference-action-defenses/?utm_source=rss&utm_medium=rss&utm_campaign=assess-3-potential-preference-action-defenses Mon, 24 Mar 2025 18:00:19 +0000 https://www.dailydac.com/?p=53800 Defend against bankruptcy preference actions with strategies like contemporaneous exchange, ordinary course of business, and subsequent new value defenses.

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]]> How To Protect Your IP Rights When Your Licensor Files for Bankruptcy https://www.dailydac.com/protect-ip-rights-in-bankruptcy/?utm_source=rss&utm_medium=rss&utm_campaign=protect-ip-rights-in-bankruptcy Mon, 03 Feb 2025 16:00:01 +0000 https://www.dailydac.com/?p=29358 When a licensor files bankruptcy, a licensee can choose to retain their IP license rights in bankruptcy under the Bankruptcy Code.

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]]> The Importance of Liquidity in the Capital Structure of a Distressed Company https://www.dailydac.com/liquidity-in-capital-structure-of-distressed-business/?utm_source=rss&utm_medium=rss&utm_campaign=liquidity-in-capital-structure-of-distressed-business Mon, 30 Sep 2024 13:40:33 +0000 https://www.dailydac.com/?p=26259 Capital structure may not be relevant for a healthy company's value, but for distressed companies, liquidity and capital structure can be key.

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]]> Dealing with Corporate Distress 17: Focus on Assuming & Rejecting Executory Contracts & Unexpired Leases in Bankruptcy https://www.dailydac.com/assuming-rejecting-executory-contracts-unexpired-leases-in-bankruptcy/?utm_source=rss&utm_medium=rss&utm_campaign=assuming-rejecting-executory-contracts-unexpired-leases-in-bankruptcy Tue, 20 Dec 2022 13:50:01 +0000 https://www.dailydac.com/?p=36176 Legal framework governing assumption, assignment, and rejection of executory contracts and unexpired leases in bankruptcy can be complicated.

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]]> Dealing with Corporate Distress 16: Overview of Bankruptcy Code § 365 https://www.dailydac.com/dealing-with-corporate-distress-16-overview-of-bankruptcy-code-%c2%a7-365/?utm_source=rss&utm_medium=rss&utm_campaign=dealing-with-corporate-distress-16-overview-of-bankruptcy-code-%25c2%25a7-365 Mon, 12 Dec 2022 21:53:30 +0000 https://www.dailydac.com/?p=36061 In this installment, get an overview of Section 365 and understand how executory contracts can keep distressed businesses afloat.

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]]> A Non-Debtor’s Rights in Executory Contracts https://www.dailydac.com/non-debtor-treatment-of-executory-contracts/?utm_source=rss&utm_medium=rss&utm_campaign=non-debtor-treatment-of-executory-contracts Mon, 10 Oct 2022 22:30:11 +0000 https://www.dailydac.com/?p=24831 What rights do non-debtors have in the treatment of executory contracts? Learn about rejecting or assuming executory contracts as a non-debtor.

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]]> What is Venue, and When Is Venue Transfer Permissible in Bankruptcy Litigation? https://www.dailydac.com/bankruptcy-litigation-venue-transfers/?utm_source=rss&utm_medium=rss&utm_campaign=bankruptcy-litigation-venue-transfers Fri, 09 Apr 2021 21:00:43 +0000 https://www.dailydac.com/?p=28173 A Panel Discussion on the Choice and Challenges of Bankruptcy Venue and Venue Transfers In bankruptcy litigation, the venue can have a major influence on an outcome. We selected expert panel members—each a partner or managing director in the restructuring industry—to discuss why venue fights occur and how business owners (and their advisors) should approach choice of bankruptcy venue, as well as venue transfers. Our expert panelists explore how courts resolve disputes over the venue of a case. Expert Panelists Lisa Vandesteeg, Financial Services and Restructuring Partner at Levenfeld Pearlstein, […]

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