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Jones Day | USA | 2 Dec 2016

In Brief: Delaware Bankruptcy Court Clarifies Burden of Proof for Automatic Stay Relief

In In re Abeinsa Holding, Inc., 2016 BL 335099 (Bankr. D. Del. Oct. 6, 2016), the U.S. Bankruptcy Court for the District of Delaware addressed what

Article

Jones Day | USA | 13 Oct 2011

History matters: historical breaches may undermine assumption of executory contracts

One of the primary fights underlying assumption of an unexpired lease or executory contract has long been over whether any debtor breaches under the agreement are “curable.” Before the 2005 amendments to the Bankruptcy Code, courts were split over whether historic nonmonetary breaches (such as a failure to maintain cash reserves or prescribed hours of operation) undermined a debtor’s ability to assume the lease or contract.

Article

Jones Day | USA | 1 Jun 2011

Bankruptcy claims traders beware: ensure that the cure comes with the claim

Over the past five years, courts have issued rulings of potential concern to buyers of distressed debt.

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