suggested that a Chapter 11 debtor cannot compel the non-debtor party to continue to perform under an executory
contract where the debtor was in breach of the contract prior to the bankruptcy, such as by failing to timely pay invoices.
More troubling, however, is that the debtor (or trustee) can opt to assume and assign the executory
agreement to a third party.
A debtor cannot assume or assign an executory
contract, over the objection of the non-debtor party, if applicable nonbankruptcy law excuses the nondebtor party from accepting performance from an entity other than the debtor or debtor-in-possession.
Samaniego, where it was held that such are immediately executory
pending appeal and may not be stayed by the filing of an appeal or the issuance of an injunctive writ,' the ABP argued.
The decision of the SEC is executory
," Medialdea said when asked whether the president ordered the barring of Ranada from Palace events.
17 is "categorical in providing that an appeal shall not stop the decision from being executory
, and that such shall be executed as a matter of course.
Target: Substantially all of Magnetation's remaining assets, certain liabilities, certain executory
contracts and leases
The NewPage court ruled that preference targets have a complete defense to a preference claim based on payments made under an executory
contract that the debtor had assumed.
22) Subject to various restrictions, the Code allows a debtor-in-possession or bankruptcy trustee to reject executory
contracts in order to reach economic viability.
Whether a Pension Plan is an Executory
For "Type B" leases (mostly executory
contract real estate leases and a few short-term executory
contract equipment leases), the liability is accounted for using effective interest amortization, which imputes interest expense, while the amortization of the asset is a "plugged" amount that ensures a level total lease expense over the lease term.
They emphasize distinguishing among contingent remainders, executory
interests, and vested remainders subject to divestment, and focus on the common law of estates in land and future interests in England in about 1700, covering future interests before and after 1536.