Executory Contracts Are Automatically Rejected Even if Unscheduled, Fifth Circuit Holds
Fifth Circuit leaves the door open to preventing automatic rejection if the existence of an executory contract is intentionally undisclosed.
Supreme Court Update: Two Bankruptcy Cases in the Running for ‘Cert’
Circuit splits over trademarks and the automatic stay are contenders for resolution in the Supreme Court.
Status Report on the Supreme Court
Already primed to rule on nonjudicial foreclosure, the Supreme Court might take cases involving contempt, the automatic stay and trademarks.
Covenant Not to Compete Survives a Chapter 7 Discharge, Judge Nugent Says
Breaching a covenant not to compete does not give rise to a claim, because the primary remedy is equitable.
Assuming a Lease Under Section 365(p) Doesn’t Also Require Reaffirmation, Some Say
Courts are split on the interpretation of BAPCPA’s treatment of automatically rejected leases in chapter 7.