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Results: 1-10 of 353

Subtenant retains possessory rights under section 365(h) despite explicit free and clear section 363(f) sale

  • Reed Smith LLP
  • -
  • USA
  • -
  • June 12 2013

At a "free and clear" asset sale, a buyer obtained a lease of real property that the bankruptcy court held was not free and clear of interests after

Practical tips for tenants - preserving your rights where a liquidator disclaims your lease

  • Lander & Rogers
  • -
  • Australia
  • -
  • June 12 2013

In the recent decision of Re Willmott Forests Ltd, the Victorian Court of Appeal held that a liquidator could disclaim a lease under the Corporations

An identifiable risk to collateral property that is used in the marijuana business

  • Sherman & Howard LLC
  • -
  • USA
  • -
  • June 5 2013

The legalization under state law of the marijuana business in Colorado through Amendment 20 (medical marijuana) and Amendment 64 (recreational

High Court to decide on liquidators’ ability to extinguish lease hold interests

  • King & Wood Mallesons
  • -
  • Australia
  • -
  • May 28 2013

Later this year the High Court will hear an appeal from the decision of the Victorian Court of Appeal in Re Willmott Forests Limited (Receivers and

One potato, two potato, three potatoWell actually it’s all one potato.

  • Bracewell & Giuliani LLP
  • -
  • USA
  • -
  • May 13 2013

The Delaware Bankruptcy Court recently held that a third amendment to a lease agreement entered into for the purpose of leasing a second building

Freddie Mac announces numerous servicing policy updates

  • BuckleySandler LLP
  • -
  • USA
  • -
  • April 22 2013

On April 15, Freddie Mac issued Bulletin Number 2013-6, which announces numerous revisions to servicing requirements. The bulletin updates the

Termination of a lease may be sought three months after the opening of liquidation proceedings or, in case of conversion of proceedings, after the opening of the previous proceedings

  • Bersay & Associes
  • -
  • France
  • -
  • April 19 2013

In the instant case, a lessee had been placed into receivership on September 27, 2010, and then into court-ordered liquidation on November 8, 2010

Secured creditors' right to credit bid upheld by the Supreme Court

  • Mitchell Silberberg & Knupp LLP
  • -
  • USA
  • -
  • April 11 2013

In a short opinion for what it considered an "easy case," the Supreme Court decided 8-0 in RadLAX Gateway Hotel, LLC v. Amalgamated Bank on May 29

A landlord’s guide to bankruptcy: part 2

  • Otten Johnson Robinson Neff & Ragonetti
  • -
  • USA
  • -
  • April 2 2013

In Part 1 of this commercial landlord's guide (published in the March 20 - April 2 issue of the CREJ), I addressed some of the issues faced by a

A landlord’s guide to bankruptcy: part 1

  • Otten Johnson Robinson Neff & Ragonetti
  • -
  • USA
  • -
  • April 2 2013

Many Colorado landlords have confronted the issues that arise when a commercial tenant files, or threatens to file, a bankruptcy case