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Recent Executory Contract questions

If a debtor first files a chapter 13 schedule which does not

If a debtor first files a chapter 13 schedule which does not list (15) patent license agreements they are a party to as part of their requirement to list all contracts/executory contracts they have....can that same debtor convert to a chapter 11 and then benefit from not having to reject or assumethose same executory contracts they intentionally did not list in their chapter 13 filing??My company is a creditor in a bankruptcy and the above is currently going on right now where the debtor has a host of executory contracts that we can prove exist but he didn't list any of them in his chapter 13 final schedule. He recently converted to a chapter 11 and I understand that there is no obligation in a Ch 11 to list these types of contracts.Did he automatically 'reject' all of the contracts that he didn't list when he submitted his final schedule for his initial Ch. 13 filing? Or does he now have the opportunity to pretend like he didn't commit bankruptcy fraud with his conversion to Ch. 11??

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DrakeLAW

Juris Doctorate

1,268 satisfied customers
Can a debtor pick and choose which executory contracts they

Can a debtor pick and choose which executory contracts they want to either assume or reject in their bankruptcy schedule filing? Or do they need to assume all/reject all executory contracts.Also, is it bankruptcy fraud for a debtor to not list patent license agreements in a bankruptcy schedule filing under the executory contract section??

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Terry L.

Partner

Doctoral Degree

2,986 satisfied customers
G: Executory Contracts and Unexpired Leases (Official Form

Hi. For Bankruptcy Schedule G: Executory Contracts and Unexpired Leases (Official Form 106G) -- does a Car Loan count for this? Am I to list the fact that I have car I haven't paid off yet in this form, or no? Im still making my monthly payments to the Lender for a car I havent paid off yet. Thanks in advance.

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mmdesq

Attorney

Doctoral Degree

1,066 satisfied customers
Looking at my options to file ! : No. I was just doing

Looking at my options to file for bankruptcy!JA: The Bankruptcy Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: No. I was just doing research on it firstJA: Please tell me everything you can about this issue so the Bankruptcy Lawyer can help you best. Please give me a bit more information, so we can help you best.Customer: I have over 19,000 dollars in credit card debt, student loans, personal loans, I recently bought a house with my ex and I am no longer living there so I go a place I could not afford and started paying bills and using my credit cards for help, now I am struggling paying it back and falling behind on rent and car psymentsJA: OK. The Bankruptcy Lawyer will need to help you with this. Is there anything else important you think the Bankruptcy Lawyer should know?Customer: Like?JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Bankruptcy Lawyer about your situation and then connect you two.

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5,318 satisfied customers
I'm needing an attorney to assist me on executory

I'm needing an attorney to assist me on executory contracts in a chapter 11 bankruptcy, mainly the law (specific identity) which speaks too "slicing and dicing" or "cherry picking" an executory contract, e.g.,1) The set of guidelines, rules and/or company laws which governed us all, is the “terms of use” allowing the debtors to reject the “terms of use” by slicing and dicing the original "terms of use" (5, known to me) and cherry picking the assignment of intellectual property from the “terms of use” and then rejecting the entire “terms of use” to rid the licensing agreement which governed inventor royalties, is not fair to all parties.2) The debtors has stated the terms of use was rejected as, an executory contract. My issue is the assignment of inventors intellectual property was included and governed by the "terms of use" The "company to inventor" licensing agreement was also included in the terms of use, the courts allowed the debtors to cherry pick the "company to inventor" assignment agreement from the terms of use, then reject the terms of use.3) From my understanding if an executory contract is rejected in bankruptcy court, it has to be rejected in its entirety, not partially cherry picked to allow the debtors to assume the assignment portion and reject the licensing portion.,4) I'm needing help in identifying the specific laws, the wording and referenced cases associated with my particular issues.NOTE: I'm needing an attorney, whom is familiar with bankruptcy, business, appeal and patent law.I have been fighting this case pro se and do not have the funds to hire corporate attorneys.I'm a the appeals level and need help in formatting the appeal (document, etc)If this case appears to be one your well versed in please reply, if this case raises doubt in some aspects please do not reply. Just Answer, will charge me for reading a reply and I'm truly budgeting the amount of money I have to research and appeal this case, thank you.Sincerely,Thomas

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Mark

Attorney

Doctoral Degree

478 satisfied customers
We recently signed a contract with an energy extraction

We recently signed a contract with an energy extraction company for mineral rights that we inherited. The company distributed a "sign on" bonus check to each heir. Each heir is receiving notice the said company is filing a Chapter 11 Bankruptcy. What are our rights? Do we have any rights regarding the royalty payments that were to be made to us?

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Roger

Litigation Attorney

Doctoral Degree

34,968 satisfied customers
Good Morning. Can yo give me an example of what an unexpired

Good Morning. Can yo give me an example of what an unexpired lease would be on form B-6G, Executory Contracts and Unexpired Leases.In this meaning is an unexpired lease like an apartment lease?Thanks

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Maverick

Doctoral Degree

8,090 satisfied customers
For Dr.CustomerOnly I included a cell phone purchase

For Dr. Socrateaser OnlyI included a cell phone purchase contract in a Ch 7 BK several months ago. I continued to use the service, but the contract on the phone itself was discharged. I want to terminate my service now, but am told by the evil Sprint that I must pay an early termination fee immediately upon cancellation and in order to sell the phone with a "clean ESN". What are my options ?

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39,598 satisfied customers
Would bankruptcy void a homeowners contractual obligation to

Would bankruptcy void a homeowners contractual obligation to perform on a option contract to sell his property?Example: I am the holder of a real estate option contract on a persons personal residence. The option has substantial value. The option is for $100,000 and the property is worth $200,000. If the homeowner files for bankruptcy, might the bankruptcy court discharge his contractual obligation to preform on the option?

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Roger

Litigation Attorney

Doctoral Degree

34,968 satisfied customers
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