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Executory Contracts and Unexpired Leases
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Ipso Facto Clauses
Ipso facto clauses, which allow termination due to bankruptcy, are generally unenforceable in bankruptcy.
Rejection of Executory Contract
Debtor may reject an executory contract, leading to a breach and allowing the other party to file a claim for damages.
Adequate Assurance of Future Performance
Debtor must provide proof of ability to fulfill contract terms to assume or assign an executory contract.
Damages Resulting from Rejection
Rejection of an executory contract or unexpired lease results in a claim for damages by the non-debtor party.
Automatic Stay Impact on Executory Contracts
Automatic stay prevents contract termination due to debtor's bankruptcy filing.
Non-Residential Real Property Leases
Debtor has a specified time period to assume or reject a non-residential real property lease.
Timeframe for Assumption or Rejection
The debtor must make a timely decision to assume or reject executory contracts and unexpired leases, subject to court extensions.
Assignment of Executory Contract
Debtor may assign the contract to a third party, with the third party assuming responsibility.
Assumption of Executory Contract
Debtor may assume an executory contract, making it fully enforceable and requiring performance from both parties.
Unexpired Leases in Bankruptcy
Debtor may assume or reject unexpired leases, with rejection treated as a prepetition breach.
Executory Contract Trustee's Rights
The trustee has the same rights as the debtor to assume, reject, or assign executory contracts and unexpired leases.
Shopping Center Lease Provisions
Special rules apply to the assumption or assignment of shopping center leases to protect other tenants and the landlord.
Cure of Defaults
Debtor may cure, or fix, defaults to facilitate the assumption of an executory contract.
365(n) Rights for Intellectual Property Licenses
Under section 365(n), licensees can retain rights to intellectual property even if the licensor rejects the executory contract in bankruptcy.
Residential Real Property Leases
Debtors have limited ability to assume unexpired residential leases, often bound by state tenant laws.
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