What is an executory contract? How does the trustee handle these types of contracts in a bankruptcy case? In other words, what power does the trustee have with regard to this type of contract and what factors does the trustee consider when deciding how to treat this type of contract?
What will be an ideal response?
Bankruptcy Code 11 U.S.C. ยง 3659(a) empowers the trustee either to affirm or reject contracts and leases the debtor enters into that have not been completed. The generally accepted definition of an executory contract is one in which there has been insufficient or incomplete performance of the contract, thus rendering a material breach by either party. The trustee may deem it proper to reject a contract if he or she determines it is in the best interests of the debtor to do so. The bankruptcy court treats the rejected contract as if it were breached prior to filing the petition, and any remaining balance owed to the other contracting party, e.g., the lessor, will be treated as a general unsecured claim in the bankruptcy case.
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While confidentiality is an ethical obligation________ is a rule of evidence
Fill in the blank(s) with correct word
Case management software can be used to organize the involved in a case
a. True b. False
_________ lists the steps taken to ensure evidence is properly collected and preserved, and possession is properly documented
a. An evidence log b. A privilege log c. A chain of custody d. A chain of evidence
Explain some of the problems in testing for differential prediction described in the reading.
What will be an ideal response?