A time to reflect and refresh (photo by Marilyn Swanson) By: Donald L. Swanson It is helpful, every now and then, to receive a refresher on basic bankruptcy laws. We have such a refresher—on executory contract rejection under § 365—in this recent opinion: In re Dandurand, Case No. 24-40401, South Dakota Bankruptcy Court (decided May... Continue Reading →
Effects of Executory Contract Rejection — At U.S. Supreme Court
By: Donald L. Swanson Here’s a case about the effects of executory contract rejection. While its focus is on “intellectual property” rights under § 365(n) [Fn. 1], the case also delves into the effects of rejection for all types of executory contracts under § 365(g) [Fn. 2]. And this case demonstrates the hazards of a failure... Continue Reading →