Executory Contracts: Third Circuit Does Not Recognize the Doctrine of Implied Assumption
PBWT
JULY 7, 2021
In October 2019, Dura and several of its affiliates filed for chapter 11. June 16, 2021), provides a cautionary reminder that the Third Circuit does not recognize the doctrine of implied assumption (i.e., assumptions implied through a course of conduct as opposed to those that are assumed pursuant to a motion and court order).
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