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Results: 1-10 of 155

Staying on leased property after a bankruptcy 363 sale

  • Arent Fox LLP
  • -
  • USA
  • -
  • July 15 2014

On May 28, 2014, the District Court for the Southern District of New York affirmed an order from the bankruptcy court in Dishi & Sons v. Bay Condos

Are you not entertained? The SDNY weighs in on the battle between sections 363(f) and 365(h) of the Bankruptcy Code

  • Weil Gotshal & Manges LLP
  • -
  • USA
  • -
  • June 19 2014

The conflict between sections 363(f) and 365(h) of the Bankruptcy Code involves the question of whether a debtor-lessorthrough a free and

Bankruptcy Court holds that Section 521(a)(2) is more than a mere notice statute

  • Burr & Forman LLP
  • -
  • USA
  • -
  • May 28 2014

Chief Judge Karen S. Jennemann of the United States Bankruptcy Court for the Middle District of Florida, Orlando Division recently held in a

Recent decision underscores difference in treatment of landlord claims arising under section 503(b) versus 365(d)(3)

  • Cooley LLP
  • -
  • USA
  • -
  • May 2 2014

In past print editions of Absolute Priority, we regularly reported on developments concerning the application of Bankruptcy Code provisions to the

Florida state cases - 28042014

  • Carlton Fields Jorden Burt
  • -
  • USA
  • -
  • April 28 2014

Lessor did not breach commercial lease by failing to complete construction by date certain where lease did not provide date by which property was to

Lenders' risk: who really owns the collateral?

  • Blank Rome LLP
  • -
  • USA
  • -
  • April 3 2014

Unlike real estate transactions where a lender can obtain title insurance, secured lenders are often relying upon the representations and warranties

A Section 363 sale does not transfer property free and clear of an equitable servitude

  • Snell & Wilmer LLP
  • -
  • USA
  • -
  • April 1 2014

Sales in bankruptcy court under 11 U.S.C. 363 (called "363 Sales") are often used to sell property during a bankruptcy case. The 363 Sale

Seventh Circuit suggests that longer assumptionrejection deadline should govern integrated franchise and commercial lease agreements

  • Jones Day
  • -
  • USA
  • -
  • March 31 2014

It is broadly accepted that the abbreviated deadline for a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP") to assume or reject an

West Virginia bankruptcy courts split on when foreclosure sale is final

  • Dinsmore & Shohl LLP
  • -
  • USA
  • -
  • March 14 2014

Lenders that exercise their rights to foreclose upon collateral are often met with a bankruptcy filing near or shortly after the date of sale

Not all property acquired post-petition is safe from creditors

  • Snell & Wilmer LLP
  • -
  • USA
  • -
  • March 3 2014

Although property obtained by a debtor after filing for bankruptcy is usually safe from creditors, a recent case from the Ninth Circuit Bankruptcy