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The Federal Arbitration Act (FAA) codifies federal policy favoring the enforceability of contractual arbitration clauses.   Due to the FAA, courts will thus generally require parties to arbitrate a dispute if their contract so dictates. This is no less true in bankruptcy court, at least in connecti

Executory contracts under the Bankruptcy Code are treated uniquely, compared to other contracts.[1]  The Code permits debtors to assume or reject executory, but not non-executory contracts.[2]    This disparate treatment arises from, among other things, the need to protect a debtor from making an er

In a recent decision, The Third Circuit Court of Appeals held that despite NextEra Energy Inc.’s (“NextEra”) contractual undertaking to bear its own costs in connection with a merger, it had made a plausible claim for allowance of an administrative expense claim for these costs.[1]  This followed an