case roundup 2nd, 5th

cir 2

In re: Penn Traffic Co. , No. 07-1854  [April 29, 2008]

A party (other than the debtor) to an executory contract cannot make the contract non-executory (hence beyond rejection) by tendering performance after the debtor has filed. The debtor retains its right to reject the contract if it is not in the best interest of the estate to honor it.

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In the Matter of: Babcock & Wilcox Co., No. 07-30377 [May 1, 2008]

An award of Attorneys’ Fees is affirmed on an appeal from a bankruptcy case. It was not an abuse of discretion for the bankruptcy court to award fees at half the normal hourly rate for travel time not spent working.

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