Executory Contracts in Bankruptcy: Navigating the Legal Ambiguities
Best Practices for Debtors and Creditors in Assuming or Rejecting Contracts
Recording of a 90-minute CLE webinar with Q&A
This CLE course will prepare bankruptcy counsel to navigate the complex rules to determine whether a contract in a bankruptcy proceeding is executory. The panel will also discuss whether contracts fit within any "special" categories of executory contracts and how the contracts will be treated throughout the proceeding.
- Defining executory contracts
- Traditional (Countryman) v. functional
- Single v. multiple contracts
- Effect of post-petition events
- Assumption/assignment of executory contracts
- Unexpired leases
- Intellectual property and licenses
- Personal services contracts
- “Ride-through” doctrine
- Non-assumable or non-assignable contracts
- Franchise agreements
- Partnership and LLC agreements
- Certain intellectual property licenses
- Loans and other debt financing
- “Ride-through doctrine
The panel will review these and other key questions:
- What are the current federal circuit court views toward defining executory contracts?
- Can a post-petition event alter a contract's executory status?
- What options does a debtor have when an executory contract cannot be assumed as a matter of law?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Lance E. Miller
His practice focuses on bankruptcy, corporate reorganization, and complex bankruptcy litigation. He represents major... | Read More
His practice focuses on bankruptcy, corporate reorganization, and complex bankruptcy litigation. He represents major constituencies in restructurings and reorganizations, including debtors, lenders and bank groups, bondholder committees, and unsecured creditors.Close
B. Summer Chandler
McKenna Long & Aldridge
Her practice focuses on bankruptcy, workouts and debtor/creditor law and general commercial litigation. She has... | Read More
Her practice focuses on bankruptcy, workouts and debtor/creditor law and general commercial litigation. She has extensive experience representing creditors, landlords, debtors, trustees, buyers of assets out of bankruptcy and other parties in interest in Chapter 11 reorganization proceedings and Chapter 7 liquidation proceedings, including prosecuting and defending bankruptcy litigation matters.Close
Griffin S. Dunham
He concentrates his practice in the areas of Chapter 11 bankruptcy reorganizations, insolvency and distressed business... | Read More
He concentrates his practice in the areas of Chapter 11 bankruptcy reorganizations, insolvency and distressed business restructuring matters, and commercial litigation involving business and individual clients. He assists businesses restructure debt through loan modifications and lender workouts. He has significant experience representing creditors to maximize recovery in bankruptcy proceedings.Close