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    The Third Circuit expands the substantial-performance test to determine if a trademark license contract is executory

    13 September 2010

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    Sellers beware - unauthorized payments from ‘cash collateral’ will be avoided

    13 September 2010

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    Court breaks from majority rule, granting retirees post-petition rights greater than pre-petition rights

    13 September 2010

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    Funds ‘earmarked’ for bondholders not property of the estate and not subject to avoidance

    01 December 2010

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    Trustee’s use of strong-arm powers limited where state ucc gives priority to the lender that perfects its lien post-petition

    01 December 2010

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    Compensation distributions triggered by events outside the debtor’s control are property of the estate and subject to avoidance

    01 December 2010

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    Still in the minority, 9th Circuit BAP holds that creditors may seek adequate protection retroactively

    22 March 2011

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    Claims trader loses out on cure payments where debtor’s approved plan permits postconfirmation rejection of executory contracts

    15 June 2011

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    Court grants parent companies standing to sue lender as third-party beneficiaries of loan commitment agreements

    15 June 2011

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    Trademark license agreement defines materiality, effectively establishing a perpetual executory agreement subject to perpetual rejection

    15 June 2011

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