Section 365(c)(2) states: "the trustee may not assume or assign any executory
contract or unexpired lease of the debtor, whether or not such contract or lease prohibits or restricts assignment of rights or delegation of duties, if .
To show the CA decision did not become final and executory
, Valte said the arrest warrant against Lee was not recalled.
Upon the filing of a bankruptcy petition, a trustee or debtor-in-possession has the option to either assume an executory
contract if it is beneficial to the bankruptcy estate or reject an executory
contract if it would be a burden to the estate.
Section 365 of the Bankruptcy Code allows a Chapter 11 debtor-in-possession or a bankruptcy trustee to assume and assign the debtor's rights under an executory
In the exceptional circumstances where the CA itself orders its decision to be immediately executory
, they remain subject to the provisions on discretionary execution.
For one thing, the assailed decision is devoid of any directive to the effect that the order of dismissal is immediately executory
there is no convincing or telling proof that the Ombudsman directed or requested the DILG to implement the dismissal order.
The Ombudsman's decision in imposing the penalty of suspension for one year is immediately executory
An appeal shall not stop the decision from being executory
Meanwhile, SEC decision is not final and executory
," he said then.
Also, why would the CA thwart the implementation of the executory
decision of the Office of the Ombudsman?
US-based iron ore concentrate and pellet producer Magnetation LLC has filed a motion with the US Bankruptcy Court seeking authority to enter into an asset purchase agreement that provides for the sale and transfer of substantially all of its remaining assets and certain liabilities along with the assumption and assignment of certain executory
contracts and leases in connection with a sale to ERP Iron Ore, LLC through a credit bid by the company's post-petition lenders.
The authors cover business entities and business debt, filing for bankruptcy, the bankruptcy estate, the automatic stay, creditors and claims, avoiding prepetition transfers, executory
contracts and unexpired leases, and many other related subjects over the course of the bookAEs fifteen chapters and four appendices.
Bankruptcy Court has passed an order (a) approving and authorizing (i) the asset acquisition deal to buyer Red Bluff Resources Operating; (ii) the selling of the Debtors' assets free and clear of all liens, claims, encumbrances and interests and (iii) the assuming and assigning of certain executory
deals and unexpired leases and (b) granting related relief.
A contract is executory
if performance remains outstanding on both sides of the agreement.
x201D; A contract is executory
if performance remains outstanding on .