Bankruptcy Law: Principles, Policies, and Practice |
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Page 318
... trustee had impliedly assumed the contract by knowingly performing and accepting benefits under the contract during the pendency of the bankruptcy case . 3. Timing The bankruptcy trustee's decision whether to assume , assign , or reject ...
... trustee had impliedly assumed the contract by knowingly performing and accepting benefits under the contract during the pendency of the bankruptcy case . 3. Timing The bankruptcy trustee's decision whether to assume , assign , or reject ...
Page 319
... trustee must either assume or reject , or must obtain an extension of time from the court . If the trustee fails to act by the 60 - day deadline , the contract is deemed rejected as a matter of law . This presumptive 60 - day rule ...
... trustee must either assume or reject , or must obtain an extension of time from the court . If the trustee fails to act by the 60 - day deadline , the contract is deemed rejected as a matter of law . This presumptive 60 - day rule ...
Page 620
... TRUSTEE The governing statute is § 1108 which provides : " Unless the court orders otherwise , the trustee may operate the debtor's business . " Debtor reads § 1108 to mean that the court may limit , as well as bar , the trustee's ...
... TRUSTEE The governing statute is § 1108 which provides : " Unless the court orders otherwise , the trustee may operate the debtor's business . " Debtor reads § 1108 to mean that the court may limit , as well as bar , the trustee's ...
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Common terms and phrases
2d Cir 9th Cir action adequate protection administrative expense affirmed agreement allowed secured claim amount apply assignment assume automatic stay Bank Bankr bankrupt Bankruptcy Code bankruptcy court bankruptcy estate bankruptcy judge bankruptcy law benefit chapter 11 Circuit claimant collateral collection commencement Congress constructive trust Corp cred debt debtor in possession default discharge dismissal district court enforce entitled equity execution executory contract faith federal files bankruptcy foreclosure garnishment injunction insolvent involuntary Inwood Forest issue judgment creditor judgment lien Kovacs lease levy liability loan Lubrizol ment money judgment nondebtor party obligation obtain operation payment petition petitioner plaintiff postpetition pre-Code prepetition prior priority proceeding provides pursuant question real estate real property reason rejection remedy reorganization rule ruptcy Section secured creditor security interest sheriff statute statutory tion TranSouth trustee trustee's undersecured United unsecured violation writ writ of execution