Is a debtor-in-possession permitted to assume a lease or executory contract that would not have been assumed under state law?

MultiRegion, United States of America

The following excerpt is from Waterkist Corp., In re, 13 B.C.D. 1386, 775 F.2d 1089 (9th Cir. 1985):

This approach serves two purposes. It prohibits the debtor-in-possession from using the bankruptcy process to assume a lease or executory contract which would not have been assumable absent the bankruptcy proceedings. It also permits the debtor-in-possession the same opportunities to avoid forfeiture of a lease or executory contract that it would have received under state law absent the bankruptcy proceedings. See Butner v. United States, 440 U.S. 48, 55, 99 S.Ct. 914, 918, 59 L.Ed.2d 136 (1979) ("Property interests are created and defined by state law. Unless some federal interest requires a different result, there is no reason why such interests should be analyzed differently simply because an interested party is involved in a bankruptcy proceeding.")

Other Questions


What is the test for a contract where the contract states that the contract does not stipulate that a contingency may occur after the contract has been signed? (MultiRegion, United States of America)
What is the test for deceit in a contract where the contract states that the contract does not contain an obligation of good faith? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek a federal habeas review of the claim? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek federal habeas review of the claim? (MultiRegion, United States of America)
When a contract provides for arbitration of disputes involving "meaning" or "application" of the contract, is the contract enforceable? (MultiRegion, United States of America)
Is a private medical provider acting under contract with the state a state actor for purposes of Section 1983 of the Criminal Code? (MultiRegion, United States of America)
How have courts interpreted an arbitration clause in a contract where the contract states that the entire agreement does not compromise any rights? (MultiRegion, United States of America)
Can a state prisoner obtain federal habeas relief against a state court's finding that the state court was wrong? (MultiRegion, United States of America)
Is a private medical provider under contract with the state a state actor? (MultiRegion, United States of America)
When two state procedural bars are invoked in a single order disposing of multiple claims in a personal injury case, can the state be deemed to be inconsistent with the other state? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.