When a company files for bankruptcy, Section 541 of the Bankruptcy Code creates a bankruptcy “estate” comprised of virtually all its interests ...
A bankruptcy trustee or DIP generally has the right to "assume" (reaffirm) or "reject" (disavow, resulting in breach) unexpired leases under section 365(a) of the Bankruptcy Code. 11 U.S.C. § 365(a).
“[T]he Constitution grants Article III judicial power over all cases arising under the laws of the United States," the appeals court held in its 2-1 decision. "The Bankruptcy Code is a law of the ...
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