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T&E litigation update: Greene v. Mullarkey

Day Pitney LLP
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USA
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August 28 2009

In Greene v. Mullarkey, Case No. 07-30561-HJB, Adversary Proceeding No. 08-03009, 2009 Bankr. LEXIS 2191 (Bankr. D. Mass. Aug. 13, 2009), Christine Greene, her brother Matthew Mullarkey, and his wife Nicole Mullarkey were entangled in what the Bankruptcy Court described as an intra-family feud

Whose power has been diminished?

Shepherd & Wedderburn LLP
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United Kingdom
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May 31 2007

In an important decision for commercial property landlords, the High Court in Prudential Assurance Co Ltd and Others v PRG Powerhouse Limited and Others has ruled that a CVA (defined below) cannot operate so as to prevent landlords from enforcing a parent company guarantee

Property matters

Cobbetts LLP
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United Kingdom
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May 31 2007

There are not many legal cases which are claimed to have a potential financial impact of £38bn across the property industry, or to represent ‘Armageddon’, but both these claims were made in relation to Prudential Assurance Company Ltd v PRG Powerhouse Limited

Do I need insurance for my title insurance?

Seyfarth Shaw LLP
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USA
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January 23 2009

In the insurance industry, title insurance is known as a “long-tailed” liability risk, which means that it is common for claims to be made many years after policies are issued

A balancing exercise

Wragge & Co LLP
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United Kingdom
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January 21 2009

Repossession of a bankrupt's property will be ordered unless there are exceptional circumstances making such an order inappropriate

Tenant in trouble? What you can do

Hall & Wilcox
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Australia
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September 1 2009

When a corporate tenant becomes insolvent, the landlord's rights depend upon the type of insolvency administration to which the tenant is subjected

Bankruptcy court refuses to enforce a restrictive real estate covenant due to unprecedented economic distress

Cadwalader Wickersham & Taft LLP
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USA
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January 30 2009

In In re TOUSA, Inc., the Bankruptcy Court for the Southern District of Florida considered whether to enforce a restrictive real estate covenant that set a price floor for the sale of house lots in a residential development

Additional risks landlords should consider when taking letters of credit from commercial lease tenants

Pillsbury Winthrop Shaw Pittman LLP
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USA
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May 25 2009

In the last decade, commercial landlords have favored obtaining from tenants standby letters of credit over security deposits because standby letters of credit provided added security in the event of a tenant’s bankruptcy

Repair costs included in ‘damages’ for lease termination

Reed Smith LLP
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USA
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July 31 2007

Is a landlord’s ability to recover repair costs chargeable to the lessee limited because such repair costs are included in “damages resulting from the termination of a lease of real property” pursuant to section 502(b)(6) of the Bankruptcy Code?

All lessor damages under real property leases, including damages related to maintenance and repair obligations, may be capped under Bankruptcy Code Section 502(b)(6)

White & Case LLP
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USA
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July 27 2007

In re Foamex Int’l, Inc., et al., the United States Bankruptcy Court for the District of Delaware held that the damage cap contained in section 502(b)(6) of the Bankruptcy Code applies not only to rental payments, but also to damages from the breach of any lease covenants, including maintenance and repair obligations

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Search results

T&E litigation update: Greene v. Mullarkey

Whose power has been diminished?

Property matters

Do I need insurance for my title insurance?

A balancing exercise

Tenant in trouble? What you can do

Bankruptcy court refuses to enforce a restrictive real estate covenant due to unprecedented economic distress

Additional risks landlords should consider when taking letters of credit from commercial lease tenants

Repair costs included in ‘damages’ for lease termination

All lessor damages under real property leases, including damages related to maintenance and repair obligations, may be capped under Bankruptcy Code Section 502(b)(6)

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