Bankruptcy debtors have special rights in contracts or leases where both parties have outstanding obligations, known in legal terms as “executory contracts” or “unexpired leases”. If you are doing ...

Most every business relies on executory contracts, which often contain at least one bankruptcy provision. It is important for businesses to be aware of the common bankruptcy provisions that cannot be ...

Most businesses are (reluctantly) required to deal with customers, suppliers and counterparties to agreements that enter bankruptcy proceedings, yet there is a great lack of knowledge as to how the ...

On May 25, the Second Circuit upheld the New York district court's decision concluding that certain midstream gathering agreements were executory contracts, subject to rejection in a bankruptcy ...

Forbes contributors publish independent expert analyses and insights. I cover Wealth Preservation in its legal permutations When drafting LLC operating agreements, lots of planners include clauses to ...

Hear Judge Harner interview the leading bankruptcy scholar on executory contracts, Prof. Jay Westbrook, as he explains and “demystifies” them. This program was recorded on April 20th, 2018. Prof. Jay ...

No matter how talented and intelligent you are, your job security is only as strong as your employer's financial condition. Even with a rock solid employment contract, it's possible to lose your job ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

In Lewis Bros Bakeries Inc v Interstate Brands Corp, a case originating out of bankruptcy court, the US Court of Appeals for the Eighth Circuit has affirmed the bankruptcy court’s finding that a ...

Exchange-traded notes (ETNs) are structured either as debt securities or prepaid executory contracts, and that makes a critical difference in tax treatment. “The tax treatment of ETNs is often ...