Substantially all the assets of Custom Alloy Corporation and its related entities will be sold at an auction on October 13, 2022 at 12:00 pm CT. For more information, read the full public notice here on DailyDAC.
Executory contracts can be assumed, assumed and assigned, or rejected in bankruptcy with a degree of optionality that is not available outside of bankruptcy. But a debtor’s (or trustee’s) freedom of action is not without limit. Read A Non-Debtor’s Rights in Executory Contracts by David S. Lorry and Robert S. Brady for more.
As the Devil’s Dictionary of Bankruptcy Terms explains, “equity cushion” refers to “the extent to which a lender is oversecured, a generally enviable position in bankruptcy until the debtor uses the lender’s oversecured status as an excuse to merely accrue and not pay the oversecured creditor accruing interest and attorneys’ fees on its claim while the case is pending.” Read the full Devil’s Dictionary definition.
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