Most businesses are (reluctantly) required to deal with customers, suppliers and counterparties to agreements that enter bankruptcy proceedings, yet there is a great lack of knowledge as to how the ...

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There has long been a tension in the U.S. Bankruptcy Code between Section 541 ("Property of the estate") and Section 365 ("Executory contracts and unexpired leases"). Section 541 essentially provides ...

No matter how talented and intelligent you are, your job security is only as strong as your employer's financial condition. Even with a rock solid employment contract, it's possible to lose your job ...

Assume that a debtor is a member of a three-person Limited Liability Company (LLC). All the members have management rights. The debtor then files for bankruptcy -- What happens? At this point, the ...

In an opinion issued by the U.S. Court of Appeals for the Fifth Circuit dated Aug. 11, in a case styled In re Falcon V, case no. 21-30668, the court held a surety bond is not an executory contract, ...