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Preview of United States Supreme Court Cases: Bankruptcy

American Bar Association
February 19, 2019

"Under Section 365 of the Bankruptcy Code, does a debtor-licensor’s rejection of a license agreement – which 'constitutes a breach of such contract,' 11 U.S.C. § 365(g) – terminate rights of the licensee that would survive the licensor’s breach under applicable nonbankruptcy law, or instead does rejection only relieve the debtor-licensor or trustee of future affirmative performance obligations under the agreement but leave granted license rights intact?"

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