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ajb10/12/20240 repliesview on HN

Yes, thats the current law in most places. The op is proposing that not all agreements made by a company should be void on bankruptcy.

Really, there are cases where this is obviously a change that needs to happen. Eg, if a company holds personal data, the agreements that allowed a company to obtain it should live across bankruptcy with the data, not be terminated if it is transferred.

This sort of arrangement is common in real property. For example, if you buy a house where you have to access it via some other private land, the agreement that you can do so is arranged in such a way that it can't be voided when that land is sold, even during bankruptcy. You can't do that for data AFAIK (would love for a lawyer to comment). It needs to be enabled and made mandatory in cases like this.

There is some limited ability to do this: creditors can get a "charge" registered against intellectual property, so theoretically in the OP's case one might be able to design a legal construct that would cause a bankruptcy court to give rights to some special purpose vehicle that is set up (in advance) to represent the patients. But I don't know if that would work in all cases