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Showing posts with the label Section 365

Lubrizol -- Further Explained

There are a number of articles that discuss Lubrizol and its progeny.  In this and subsequent posts, we will provide you with some of the more notable articles on this topic.  In this article from Jones Day, the issues are further discussed and how different courts have handled the issue is analyzed. www.JackRoseLaw.com  Posts in this blog contain discussions of general principles of law and cases. No post, comment or discussion constitutes or should be taken as legal advice. To obtain legal advice you should retain counsel. Legal advice requires a review of the specific facts and circumstances of your case.

Executory Contracts and Real Estate Interests

Discussions regarding executory contracts are common in the bankruptcy context.  The reason is simple.  Many executory contracts can be rejected (or assumed and assigned notwithstanding contractual restrictions on assignment) pursuant to the provisions of Section 365 of the Bankruptcy Code.  If you are a counterparty to one of these contracts such actions by a debtor may have a material impact on your rights. But what is an executory contract versus a real estate interest. Over the next several posts we will discuss some of these issues. www.JackRoseLaw.com  Posts in this blog contain discussions of general principles of law and cases. No post, comment or discussion constitutes or should be taken as legal advice. To obtain legal advice you should retain counsel. Legal advice requires a review of the specific facts and circumstances of your case.