How does the nature of the contract and the specific obligations affect the application of the substantial performance doctrine?

Oct 25, 2024 ... Executory contracts are contracts where the debtor and the non-bankrupt counterparty each have material obligations left to perform as of the ... Feb 14, 2019 ... ... executory contracts under Bankruptcy. Code § 363, and assumption and assignment of executory contracts under Bankruptcy Code § 365. The court ... Jan 2, 2025 ... An executory contract is a legally binding agreement where both parties have ongoing responsibilities to fulfill. Oct 7, 2015 ... Herein, let's assume that the LLC agreement is executory, because the obligations of both Debtor and the other members of Company's operating ... Executory Cost. Executory costs are expenses that are incurred to maintain and preserve property, whether it's leased or owned. They are often associated with ... Jan 14, 2017 ... Legislation passed in 2005 amended the laws dealing with executory contracts. An executory contract is a contract that has unperformed ... The "executory process" is a faster way for lenders (like banks) to sell someone's property when they haven't been able to pay their debts. It's a quicker court ... ... executed, the executory contract: (1) is considered completed; and. (2) has no further effect. (g) The appropriate use of forms published by the Texas Real ... Feb 13, 2017 ... “Executory Contract” is a defined term under the Plan and means “a contract or unexpired lease to which one or more of the Debtors is a party ... Under section 365 of the Bankruptcy Code, the Debtor has the option to either assume or reject unexpired leases and executory contracts. (In simple terms, an ...