A trade creditor's post-petition obligations under an unexpired executory...

Business Credit;  September 1, 2006 ;     700+ words ......rights of the debtor and the creditor...counterparty to an executory contract. Neither Section...assume an executory contract or lease, the debtor must, among...reject an executory contract, the creditor, but not the debtor, remains obligated...

Debtors have multiple options in dealing with bankruptcies.(Small...

Crain's Cleveland Business;  March 13, 2006 ;     693 words ......Alternatively, the debtor can compel...performance of an executory contract. Meaning...requiring the debtor to make a...reject the executory contract, and although...not be an executory contract,'' and the debtor would not...

Practice & Procedure

American Bankruptcy Institute Journal;  October 1, 2004 ;     700+ words ......estate, a debtor-in-possesion...reject an executory contract. See 11 U...reject an executory contract is vital...release the debtors' estate from...of the non-debtor party to the executory contract or other...

Debtors required to cure nonmonetary defaults as a condition to assuming...

The Secured Lender;  September 1, 1997 ;     451 words ...A debtor is required to cure nonmonetary defaults to an executory contract as a condition to assumption...9th Cir. 1997). The debtor in Claremont Acquisition...erroneously relieve the debtor of its obligation to...Code generally requires debtors to cure defaults on ...

Honor thy creditors? The Religious Debtor's Constitutional Conflict with...

Business Credit;  March 1, 1994 ;     700+ words ......the one hand, it strives to provide the debtor with a fresh start that will free him...Bankruptcy Act is to relieve the honest debtor from the weight of oppressive indebtedness...the collection and distribution of the debtor's assets. While these two divergent interests...

Courts Remain Split over Whether a Debtor's Credit Card Payment Is an...

American Bankruptcy Institute Journal;  October 1, 2008 ;     700+ words ......continue to debate the issue of whether a debtor's payment by credit card, or a balance-transf...payment is "a transfer of an interest of the debtor in property" within the meaning of 547...Claim According to 547 (b), a trustee or debtor-in- possession (DIP) must prove all the...

Is a debtor's credit card payment a preference?(credit column)(MBNA...

Business Credit;  May 1, 2008 ;     700+ words ......is currently playing out for whether a debtor's payment by credit card is a transfer of an interest of the debtor in property that would give rise to preference...District of Kansas ruled in In re Fox, that a debtor's payment by credit card is a transfer...

Finding a pocket for payment when your corporate customer files chapter...

Business Credit;  January 1, 2002 ;     700+ words ......sale files Chapter 11 bankruptcy. The debtor's statement of financial affairs reveals several significant payments by the debtor within weeks of the bankruptcy filing...of your company's inventory went to the debtor's family members as extraordinary payments-a...

Treasury Rule on Executory Contract Liabilities Sent to Senate

US Fed News Service, Including US State News;  January 16, 2007 ;     85 words ......and Regulations Branch at the Internal Revenue Service has transmitted, pursuant to law, the report of a rule entitled "Executory Contract Liabilities." The document (Rev. Rul. 2007-3) was received by the Senate on Jan. 3. For more information about this report...

U.S. Supreme Court rules debtor may forfeit right to convert bankruptcy...

Lawyers USA;  March 12, 2007 ;     423 words ...A Chapter 7 debtor does not have an absolute right to convert...Chapter 13 bankruptcy filing where the debtor engaged in "bad faith" conduct, the U...Supreme Court has ruled in a 5-4 decision. A debtor transferred real estate into a spendthrift...

Treasury Rule on Automatic Method Change Procedure for Executory Contract...

US Fed News Service, Including US State News;  January 16, 2007 ;     91 words ......Revenue Service has transmitted, pursuant to law, the report of a rule entitled "Automatic Method Change Procedure for Executory Contract Liabilities." The document (Rev. Proc. 2007-14) was received by the Senate on Jan. 3. For more information about this...

Bankruptcy does not have to be debtor-friendly.(Business Law)(Column)

Business Credit;  October 1, 1998 ;     700+ words ......bankruptcy. Collections grind to a halt. A debtor can try to use the powers of a bankruptcy...depositing a check it was supposed to receive. Debtors-in-possession sometimes think they control...accede to their every demand or whim. Most debtors also think they can work themselves out...

A Chapter 11 Debtor's Life after Oct. 17: Not So Bad if You Effectively...

American Bankruptcy Institute Journal;  November 1, 2005 ;     700+ words ......professionals who represent corporate chapter 11 debtors. The initial consensus appeared to be that BAPCPA would dramatically (and, from a debtor's perspective, negatively) change the...life really be that bad for a chapter 11 debtor? Life certainly will be somewhat different...

Reexamining a creditors' committees' authority to sue the debtor.

Business Credit;  September 1, 1995 ;     700+ words ......of their goods and services against the debtor. A creditors' committee is designed to deal with the debtor in a more manageable fashion than the entire...powers include: (1) consulting with the debtor concerning the administration of the case...

8th Circuit rules retaliation award against debtor can't be discharged

Lawyers USA;  September 8, 2008 ;     232 words ...Collateral estoppel bars a Chapter 7 debtor from discharging an employment retaliation...the 8th Circuit has ruled. At the time a debtor filed for bankruptcy, a former employee...000 based on a jury's finding that the debtor's actions and inactions were malicious...