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OnDemand Course

Executory Contracts Under Bankruptcy

Gain a better understanding on how to prepare clients and lawyers for different right and contractual relationships that take place during a bankruptcy.

Contracts and leases form the bedrock foundation of business transactions. Enforceability of these agreements inspires confidence and facilitates acceptable risk taking. When a party to a contract or lease files for bankruptcy, certainty and reliance can turn to confusion and questions. Clients and lawyers must quickly adapt and view these agreements in a new light. This topic will give you a better understanding of executory contracts and unexpired leases, what they are and how the bankruptcy code affects enforceability and expands certain rights while limiting others. The speaker will discuss what to do during the period between the bankruptcy filing and assumption or rejection, the requirements for assumption and rejection and the effect of both. This information will prepare clients and lawyers for the different rights and leverage that a bankruptcy can bring to settled contractual relationships.

89 minutes
Certificate of Completion
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Overview of Section 365

  • What Is an Executory Contract or Unexpired Lease
  • Executory Contracts and Unexpired Leases Before Assumption or Rejection
  • Effect of Rejection
  • Effect of Assumption

Court Approval of Assumption or Rejection

  • Standard for Approval of Assumption or Rejection
  • Time for Assumption or Rejection
  • Failure to Assume or Reject

Cure of Existing Defaults

  • Terms of Cure
  • Shopping Center Leases

Assignment of Assumed Contracts and Leases

  • Adequate Assurance of Future Performance
  • Anti-Assignment Clauses and Other Restrictions
  • Effect of Assignment

Intellectual Property Licenses as Executory Contracts

  • Licensor Obligations Upon Rejection
  • Licensee Rights Upon Licensor Rejection
  • Types of Covered Intellectual Property Contracts
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More Program Information

Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on May 30, 2019.

Call 1-866-352-9540 for further credit information.

  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • NM CLE 1.5
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.
     
  • OR CLE 1.5
     
  • Approved for 1.5 CLE credits in Oregon.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Tom Maxson

Tom Maxson

Cohen & Grigsby, P.C.

  • Director in the Pittsburgh office of Cohen & Grigsby, P.C.
  • Tom counsels clients in various aspects of bankruptcy law, commercial finance and creditors rights
  • Frequent presenter on bankruptcy and creditors rights topics
  • Board certified; Business Bankruptcy Law American Board of Certification
  • Selected to Thomson Reuters Pennsylvania Super Lawyers list, 2013-2014, bankruptcy law
  • Selected to Thomson Reuters Pennsylvania Super Lawyers list, Creditor Debtor Rights, 2015-2018
  • J.D. degree, cum laude, University of Pittsburgh, School of Law; B.A. degree, economics, Indiana University, Bloomington
  • Can be contacted at [email protected] or 412-297-4706
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • Live Webinars
  • OnDemand Webinars
  • MP3 Downloads
  • Course Manuals
  • Audio Recordings*
  • Executive Reports
  • White Papers and Articles
  • Sponsored Live Webinars

Additional benefits include:

  • State Specific Credit Tracker
  • Members Only Newsletter
  • All-Access Pass Course Concierge

* For audio recordings you only pay shipping

Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 404745
Published 2019
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