Treatment of Executory Contracts and Unexpired Leases in the New COVID-19 Environment

The panel will address and explore the treatment of executory contracts by the bankruptcy courts, and novel theories and arguments being presented to excuse performance thereunder in light of the COVID-19 pandemic. The panel will also address the interchange of Sections 105, 305, 502, 365, and 1129, as well as how they impact the treatment to be given to such contracts. The extent to which the doctrines of force majeure, impossibility, impracticability, and frustration of purpose may justify excusing performance and potential legislative initiatives to address the problems encountered by COVID-19 will also be discussed.