definition executory promise
50 F.3d 233 (3rd Cir. 1995), 93-7409, In re Columbia Gas System Inc.
... settlement agreement constitute an executory contract under 11 U.S.C. Sec. 365 (1988). The ... stated "[t]hough there is no precise definition of what contracts are executory, it generally ... between a condition and a duty (or promise) is important here. The Restatement makes clear ...
744 F.2d 621 (8th Cir. 1984), 84-1032, Matter of Newcomb
... agreement could be rejected as an executory contract under 11 U.S.C. Sec. 365. In Count II, ... contract under which the United States promised not to levy on Arthur Newcomb's property in ...definition is broad enough to include both the transfer that ...
- Operating the Estate
- Classifying and Clarifying Contracts
- Closing the Deal in the Bayou State: The Purchase and Sale of Producing Oil and Gas Properties
Modifying or terminating pension plans through Chapter 9 bankruptcies with a focus on California.
...Whether a Pension Plan is an Executory Contract: The Countryman Test D. Rejection as a ...(20) Public employees are promised more in their retirement plans than the ... of such a rejection, and while the definition of an executory contract is ultimately a federal ...
Bankruptcy as Bailout: Coal Company Insolvency and the Erosion of Federal Law.
... nearly $6 billion in unfunded pension promises. (22) The situation for retired miners became so ...(146) This definition is consistent with the definition of insolvency ... health care liabilities by rejecting executory contracts. (314) While executory contracts are ...
You're asking the wrong question - the effect of a licensor's rejection on the trademark license.
... or bankruptcy trustee to reject executory contracts in order to reach economic viability. ...(53) First, it amended the definitional section, adding the term "intellectual property" ... essence of trademark license equates to promise not to sue for infringement), and Laura Jelinek, ...
- Markets as a Moral Foundation for Contract Law
Why Is It Wrong To Punish Thought?
... intentions can't be proved from executory evidence, evidence of actions done to fulfill ...(86) . Not only does this claim promise to give content to the picturesque but imprecise ...A prior restraint, by contrast and by definition, has an immediate and irreversible ...
879 F.3d 389 (1st Cir. 2018), 16-9016, In re Tempnology, LLC
... reject" any executory contract of the debtor, meaning. that the ... decision to leave trademarks off the definitional. list of intellectual properties in 11 ... the bankruptcy estate of obligations that promise to. hinder a reorganization." Thinking ...
Securitization As An Integral Part Of A Corporate Capital Structure
...As such, the definition of permitted receivables financing (or similar ... a. Receivables arising under non-executory contracts. As noted above, many different ... the consent of the party to whom the promise runs. Commercial parties to lease agreements may ...
703 F.2d 1339 (9th Cir. 1983), 80-5890, In re Cochise College Park
... sale contracts, in each of which Cochise promised to transfer a warranty deed to a particular real ... the contracts of the class members were executory, depending upon when the payments had been ... land sale contract did not, and by definition could not, consist solely of the promissory note. ...
NY Bankruptcy Court Ruling: E&P Companies In Chapter 11 Can Get Out Of Midstream Contracts
...In exchange, they receive a promise of payment, if and when oil and gas is produced, ... a debtor to "reject," or breach, an "executory" contract that is burdensome to the estate, with court approval. There is no definition of an executory contract in the Code but the case ...
THE EMPTY IDEA OF "EQUALITY OF CREDITORS".
...Using the Executory Contract Rules to Favor a Particular Creditor 716 ... not to compete--a debtor's contractual promise not to engage in business activities that compete ... the standard (though often criticized) definition, a contract is executory if the obligations still ...
Patent cases and public controversies.
... III introduces a legislative reform that promises to afford justiciability for some members of the ...Doublethink Definition, MERRIAM-WEBSTER.COM, ... courts of judgments involving some executory or investitive relief, American courts, even ...
... avoiding recourse to doubtful notions of promise or contract. The second, a "thick" account of ...." (71) Fourth, despite the promissory, executory nature of the political obligation assumed by a ... getting anywhere near the complex definitional and taxonomic questions that swim into view when ...
The new corporate web: tailored entity partitions and creditors' selective enforcement.
... lines as long as we have a reasonable definition. While the word "insolvency" means different ...A cross guarantee is a promise that one entity will pay the debts of another ... contexts (for example, enforcing executory contracts, defining property of the estate, and ...
THE BANKRUPTCY PARTITION.
...(76) The senior creditor's promise of money to the CEO may make the judge suspect ... prepetition creditors where there is an executory contract between the debtor and the creditor. ... the Pareto frontier--a place where, by definition, all mutually beneficial transactions that can be ...
476 F.3d 1294 (11th Cir. 2007), 05-10143, Thompkins v. Lil' Joe Records, Inc.
... also provided for the disposition of executory contracts to which Campbell or Luke Records were ... fixing the royalties which [he has] been promised." 48 F.2d at 710. But the bankruptcy code ... much litigation over the proper definition of an "executory contract," and courts have ...
690 F.3d 1069 (8th Cir. 2012), 11-1850, In re Interstate Bakeries Corp.
... with Lewis Brothers Bakeries was an executory contract, subject to assumption or rejection ... LBB could not show IBC unambiguously promised to sell the trademarks to LBB. The court again ...L.Rev. 439, 460 (1973). This definition, known as the Countryman test, recognizes that, " ...
REGULATING DECENTRALIZED CRYPTOCURRENCIES UNDER PAYMENT SERVICES LAW: LESSONS FROM EUROPEAN UNION LAW.
...But such a definition is no longer universally valid because despite ... number of bitcoins constitutes an executory contract (96). Examining the case, Doherty wrote ... merely an attractive broken campaign promise? It appears so. . A system of payment or currency ...
513 U.S. 265 (1995), 93-1001, Allied-Bruce Terminix Cos. v. Dobson
... is demonstrated by dictionary definitions in which "involve" and "affect" mean the same ...In the Plan, Allied-Bruce promised "to protect" Gwin's house "against the attack of ... FAA's enactment, this Court described executory arbitration agreements as being "valid" and as ...