During a U.S. bankruptcy case, can a debtor pay something less than the full contract rate provided for in a contract entered into prior to the bankruptcy while still requiring the counterparty to fully perform its...more
9/19/2023
/ Bankruptcy Code ,
Bankruptcy Court ,
Breach of Contract ,
Chapter 11 ,
Debtors ,
Debtors-in-Possession ,
Executory Contracts ,
NLRB ,
Pre-Bankruptcy Claims ,
Proof of Claims ,
SCOTUS ,
Texas
On remand from an appeal to the United States District Court for the District of Delaware, Bankruptcy Judge Laurie Selber Silverstein penned a resounding and thoroughly reasoned sixty-nine page opinion holding that the...more