Registered contracts with the status of executory
instruments shall allow the settlement within a period of time from two days to three weeks maximum, and encourage litigants to have recourse to this mechanism.
Section 365 of the Bankruptcy Code governs the debtor's and creditor's rights under an executory
is an executory
contract, and federalism issues regarding treatment of
All leases do not merely transfer ROUs; there is no step in the ROU approach to analyze the contractual rights and obligations and to separate leases by their legal nature--that is, either capital leases (rights of ownership [ROO] leases) or executory
contracts (ROU leases).
On the other hand, if the issue is unrecorded executory
contracts, there is then no need to have criteria at all.
Most franchise agreements are "executory
contracts." In other words, the obligations of both the franchisor and the franchisee debtor are so far unperformed on the date of bankruptcy that the failure of either to complete performance would constitute a material breach excusing the performance of the other.
Sections 541 (property of the estate) and 365 (executory
contracts and unexpired leases) of the Bankruptcy Code are critical to the analysis.
He had borrowed money from his in-laws, dipped into his father's executory
, took money from elderly clients' building society accounts and held on to cheques belonging to other clients to get use of the funds to cover his tracks.
[section] 1.988-5(d) extends integration treatment to hedged qualified payments in a manner similar to that afforded hedged executory
contracts under Treas.
The EITF was asked to address how to consider executory
costs in calculating the profit to be deferred in a sale-leaseback transaction.
Iglesia said the Ombudsman decision was executory
and allowing Cawaling to assume office would make the decision inutile and resurrect the already abandoned Aguinaldo doctrine.
It also covers those with pending criminal cases with the Department of Justice (DOJ) or at the courts for tax evasion and other criminal offenses, those with final and executory
judgment by the courts on or before the effectivity of the RR, as well as withholding tax liabilities of withholding agents arising from their failure to remit withheld taxes.