11 U.S.C. 365: Executory contracts and unexpired leases

2020

• Pub. L. 116–260, §1001(f)(2)(A)(i), struck out subpar. (A) designation before "The trustee", ", except as provided in subparagraph (B)" after "such 60-day period" and subpars. (B) and (C). Prior to amendment, subpars. (B) and (C) related to extension of time for performance in case … (Consolidated Appropriations Act, 2021) Law text · (d)
• Pub. L. 116–260, §1001(f)(1)(A), designated existing provisions as subpar. (A), inserted ", except as provided in subparagraph (B)" after "such 60-day period" and added subpars. (B) and (C). (Consolidated Appropriations Act, 2021) Law text · (d)
• Pub. L. 116–260, §1001(f)(2)(A)(ii), substituted "120" for "210" in two places. (Consolidated Appropriations Act, 2021) Law text · (d)
• Pub. L. 116–260, §1001(f)(1)(B), substituted "210" for "120" in two places. (Consolidated Appropriations Act, 2021) Law text · (d)

2005

• Pub. L. 109–8, §328(a)(1)(A), inserted before semicolon at end "other than a default that is a breach of a provision relating to the satisfaction of any provision (other than a penalty rate or penalty provision) relating to a default arising from any failure to perform nonmonetar… (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (b)
• Pub. L. 109–8, §328(a)(1)(B), substituted "penalty rate or penalty provision" for "penalty rate or provision". (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (b)
• Pub. L. 109–8, §328(a)(2), struck out par. (4) which read as follows: "such lease is of nonresidential real property under which the debtor is the lessee of an aircraft terminal or aircraft gate at an airport at which the debtor is the lessee under one or more additional nonresident… (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (c)
• Pub. L. 109–8, §404(a), amended par. (4) generally. Prior to amendment, par. (4) read as follows: "Notwithstanding paragraphs (1) and (2), in a case under any chapter of this title, if the trustee does not assume or reject an unexpired lease of nonresidential real property under whi… (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (d)
• Pub. L. 109–8, §328(a)(3), redesignated par. (10) as (5) and struck out former pars. (5) to (9) which related to rejection of leases under which the debtor is an affected air carrier that is the lessee of an aircraft terminal or aircraft gate. (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (d)
• Pub. L. 109–8, §404(b), substituted "provided in subsections (b) and" for "provided in subsection". (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (f)
• Pub. L. 109–8, §328(a)(4), struck out "; except that the trustee may not assign an unexpired lease of nonresidential real property under which the debtor is an affected air carrier that is the lessee of an aircraft terminal or aircraft gate if there has occurred a termination event" before period a… (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (f)
• Pub. L. 109–8, §309(b), added subsec. (p). (Bankruptcy Abuse Prevention and Consumer Protection Act of 2005) Law text · (p)

1994

• Pub. L. 103–394, §219(a), added subpar. (D). · (b)
• Pub. L. 103–429, §1(1), substituted "section 40102(a) of title 49" for "section 101 of the Federal Aviation Act of 1958 (49 App. U.S.C. 1301)". · (d)
• Pub. L. 103–394, §501(d)(10)(A), which directed the substitution of "section 40102 of title 49" for "the Federal Aviation Act of 1958 (49 U.S.C. 1301)", could not be executed because the phrase "(49 U.S.C. 1301)" did not appear in text. · (d)
• Pub. L. 103–394, §219(b), added par. (10). · (d)
• Pub. L. 103–394, §501(d)(10)(B), substituted "1208, or 1307" for "1307, or 1208". · (g), (B)
• Pub. L. 103–394, §205(a), amended subsec. (h) generally. Prior to amendment, subsec. (h) read as follows: · (h)
• Pub. L. 103–394, §501(d)(10)(C), substituted "a right to" for "a right to to". · (n)
• Pub. L. 103–394, §501(d)(10)(D), substituted "a Federal depository institutions regulatory agency (or predecessor to such agency)" for "the Federal Deposit Insurance Corporation, the Resolution Trust Corporation, the Director of the Office of Thrift Supervision, the Comptroller of the … · (o)
• Pub. L. 103–429, §1(2), which directed the amendment of subsec. (p) by substituting "section 40102(a) of title 49" for "section 101(3) of the Federal Aviation Act of 1958", could not be executed because subsec. (p) was repealed by Pub. L. 103–394, §501(d)(10)(E). See below. · (p)
• Pub. L. 103–394, §501(d)(10)(E), struck out subsec. (p), which read as follows: "In this section, 'affected air carrier' means an air carrier, as defined in section 101(3) of the Federal Aviation Act of 1958, that holds 65 percent or more in number of the aircraft gates at an airport— · (p)

1992

• Pub. L. 102–365, §19(c), added par. (4). · (c)
• Pub. L. 102–365, §19(b), added pars. (5) to (9). · (d)
• Pub. L. 102–365, §19(d), substituted for period at end "; except that the trustee may not assign an unexpired lease of nonresidential real property under which the debtor is an affected air carrier that is the lessee of an aircraft terminal or aircraft gate if there has occurred a t… · (f)
• Pub. L. 102–365, §19(e), added subsec. (p). · (p)

1990

• Pub. L. 101–647 added subsec. (o). · (o)

1988

• Pub. L. 100–506 added subsec. (n). · (n)

1986

• Pub. L. 99–554, §283(e)(1), struck out "or an assignee of such contract or lease" after "debtor in possession". · (c)
• Pub. L. 99–554, §283(e)(2), inserted "is" after "lease" and "and" after "property". · (c)
• Pub. L. 99–554, §257(j), (m)(1), inserted reference to chapter 12. · (d), (g)
• Pub. L. 99–554, §257(m)(2), inserted references to chapter 12 and section 1208 of this title. · (g)
• Pub. L. 99–554, §283(e)(2), inserted "or timeshare plan" after "to treat such lease". · (h)
• Pub. L. 99–554, §283(e)(3), substituted "362(b)(10)" for "362(b)(9)". · (m)

1984

• Pub. L. 98–353, §362(a), amended subsec. (a) generally, making minor changes. · (a)
• Pub. L. 98–353, §362(a), amended subsec. (b) generally, inserting in par. (3) reference to par. (2)(B) of subsec. (f) of this section, in par. (3)(A) inserting provisions relating to financial condition and operating performance in the case of an assignment, and in par. (3)(C) substitu… · (b)
• Pub. L. 98–353, §362(a), amended subsec. (c) generally, substituting in par. (1)(A) "applicable law excuses a party, other than the debtor, to such contract or lease from accepting performance from or rendering performance to an entity other than the debtor or the debtor in possession … · (c)
• Pub. L. 98–353, §362(a), amended subsec. (d) generally, inserting in par. (1) reference to residential real property or personal property of the debtor, inserting in par. (2) reference to residential real property or personal property of the debtor, and adding pars. (3) and (4). · (d)
• Pub. L. 98–353, §402, amended par. (1) generally. Prior to amendment, par. (1) read as follows: "If the trustee rejects an unexpired lease of real property of the debtor under which the debtor is the lessor, the lessee under such lease may treat the lease as terminated by such rejec… · (h)
• Pub. L. 98–353, §403, amended par. (2) generally. Prior to amendment, par. (2) read as follows: "If such lessee remains in possession, such lessee may offset against the rent reserved under such lease for the balance of the term after the date of the rejection of such lease, and any… · (h)
• Pub. L. 98–353, §404, amended par. (1) generally, inserting provisions relating to timeshare interests under timeshare plans. · (i)
• Pub. L. 98–353, §362(b), added subsecs. (l) and (m). · (l), (m)