Okategoriserade

Unexpired Agreement

C. A single handwriting may contain more than one contract for acceptance-refusal of p. 365. In re Plum Run Serv. Corp., 159 B.R. 496, 498 (Bankr. S.D. Ohio 1993); In re Village Rathskeller, 147 B.R. 665, 671 (Bankr. S.D.N.Y. 1992) (any provision of an accepted agreement is not enforceable against the debtor).

State law determines whether the contract is divisible for acceptance and rejection. In re Downtown Props., Inc., 162 B.R. 244, 247 (Bankr. W.D. Mo. 1993); Plum Run Serv. Corp., 159 b.R. to 498-99; In re Independent Am.

Real Estate, Inc., 146 B.R. 546, 550-52 (Bankr. N.D. Tex. The question of whether there was a separate and different consideration and benefit for each ”contract” determines whether a part of a single contract can be separated and applicable. In re Leslie Fay Co., Inc., 168 B.R. 294, 301 n.7 (Bankr. S.D.N.Y. 1994).

Acceptance or rejection of enforcement contracts is most important for corporate debtors, as companies have far more outstanding contracts than individual debtors, and these contracts often become more difficult over time, especially collective agreements, as the recent bankruptcy of General Motors has shown. But even for individuals, the inability to refuse contracts can prevent or reduce the debtor`s new start. Subsection b) (5) provides that, in the usual rental contracts for shopping centres, protection must be offered to the landlord when the agent takes over the tenancy agreement, including protection against the percentage drop in rents, violation of agreements with other tenants and receipt of the tenant mix. Protection for the rental hostess is not necessary in the situation of office buildings. The subsection (g) defines the period from which the refusal of an outstanding contract or lease constitutes a breach of contract or relationship. As a general rule, the offence is from the date immediately before the date of the petition. The aim is to treat claims of refusal as claims. The rest of the subsection indicates different periods for cases converted from one chapter to another. The provisions of this subsection do not constitute a material authorization for violation or rejection of an adopted treaty. On the contrary, they impose the rules of service or notification of claims in the event of a breach of an adopted contract or when a case is turned into a Chapter 7 case where the contract is refused, in accordance with Chapter 11 where a contract has been accepted.