Abstracts - faqs.org

Abstracts

Law

Search abstracts:
Abstracts » Law

Section 365 of the Bankruptcy Code: when the words get in the way

Article Abstract:

The author discusses conflicting interpretations of the Bankruptcy Code's section 365 in regards to the assignment of executory contracts, focusing on the impact to reorganizing high technology companies.

Author: Nagi, Jason A.
Publisher: Commercial Law League of America
Publication Name: Commercial Law Journal
Subject: Law
ISSN: 0010-3055
Year: 2000
High technology industry

User Contributions:

Comment about this article or add new information about this topic:

CAPTCHA


Reconciling sections 365(c)(1) and (f)(1) of the Bankruptcy Code: should anti-assignment laws prohibit assumption of contracts by a debtor in possession?

Article Abstract:

Bankruptcy Codes sections 365(c)(1) and 365(f)(1) lead to confusion and litigation by allowing debtors in possession to assume and assign executory contracts while simultaneously prohibiting assumption in the face of anti-assignment laws. The West test prevents assumption of such contracts if existing anti-assignment laws prohibit hypothetical assignments, but this decision has been heavily criticized by subsequent courts. Although several courts have attempted to reconcile the contradictions between the two sections, legislative amendments are required.

Author: Macey, Morris W., Sacca, James R.
Publisher: Commercial Law League of America
Publication Name: Commercial Law Journal
Subject: Law
ISSN: 0010-3055
Year: 1995

User Contributions:

Comment about this article or add new information about this topic:

CAPTCHA


The "new value" exception: myth or reality after Bank of America National Trust & Savings Association v. 203 N. LaSalle Street Partnership?

Article Abstract:

The authors discuss the Supreme Court's holding in Bank of America v. 203 N. LaSalle St. Partnership that old equity holders could not be the exclusive participants in a 'new value' bankruptcy reorganization plan where the creditors objected. The question of whether the 'new value' exception to the 'absolute priority rule' will survive is analyzed.

Author: Murray, John C., Miller, Judith Greenstone
Publisher: Commercial Law League of America
Publication Name: Commercial Law Journal
Subject: Law
ISSN: 0010-3055
Year: 1999
Stockholders, Priorities of claims and liens

User Contributions:

Comment about this article or add new information about this topic:

CAPTCHA


Subjects list: United States, Interpretation and construction, Laws, regulations and rules, Contracts, Bankruptcy law, Assignments for benefit of creditors, Bankruptcy reorganizations, Bankruptcy reorganization
Similar abstracts:
  • Abstracts: Preliminary injunction though arbitration: the franchisor's weapon of choice in trademark disputes. Estimated initial investment claims: strict liability or strictly folly?
  • Abstracts: The third and fourth sessions of the UN Preparatory Committee on the Establishment of an International Criminal Court
  • Abstracts: Prepayment premiums: a bankruptcy court analysis of reasonableness and liquidated damages. Is a defective mortgage protected from a preference claim?
This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.
Some parts © 2025 Advameg, Inc.