Rochelle's Daily Wire

To align with congressional intent underpinning Section 365(d)(3), Judge Gravelle gave the landlord an administrative claim for base rent due after filing and before automatic rejection.

Is pre-filing a mortgage modification agreement a contract to make a loan that cannot be assumed under Section 365(c)(2)?

On remand from the Supreme Court and the Second Circuit, the district court decides that the Mall of America landlord isn’t entitled to more than the bargain it made with Sears in 1991.

If a breach results only in a right to equitable relief, there is no ‘claim’ and thus no executory contract.

Across the board, the district court affirmed a decision by Bankruptcy Judge Michael Wiles that minimized landlords’ claims resulting from lease termination or rejection.

The Fifth Circuit used Section 363(m) to avoid ruling on equitable mootness following consummation of a chapter 11 plan.

The ‘cap’ for lease-rejection damages can start when the debtor attempts to surrender the premises.

Prepetition brokerage fees characterized as rent under an aircraft lease were administrative claims to be paid in full under Section 365(d)(5).

The Second Circuit is remanding to district court for a ruling on the relief available to the landlord, given that the sale closed years ago.

Indemnification rights in an executory contract can’t be assigned without assuming and assigning the entire contract.