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11th Circuit : lease termination fees can qualify as preferential payments
- Reed Smith LLP
- -
- USA
- -
- April 27 2009
The U.S. Court of Appeals for the Eleventh Circuit has affirmed a lower court ruling that lease termination fees can be considered preferential transfers under the Bankruptcy Code, subject to avoidance
Landlords successful in obtaining stub rent as an administrative expense under Section 503
- Reed Smith LLP
- -
- USA
- -
- September 13 2010
The United States Court of Appeals for the Third Circuit held that the landlords are not precluded from seeking payment of "stub rent."
Landlord’s corner
- Reed Smith LLP
- -
- USA
- -
- September 13 2010
In this edition of the Landlord's Corner, we review various cases that address the (i) rights of landlords to recover their property post-rejection, (ii) whether payments pursuant to a termination of lease agreement constitute preferential transfers and (iii) whether a lease could be retroactively rejected in the absence of a formal motion to reject
Landlord’s corner
- Reed Smith LLP
- -
- USA
- -
- June 15 2011
In In re Heller Ehrman, LLP, the court analyzed whether the statutory cap imposed on a landlord’s damages resulting from the rejection of a lease should be computed based on the time remaining in the lease, or the full damages resulting from the rejection
Current Search
- Workarea - Commercial Property
- Workarea - Litigation
- Workarea - Insolvency & Restructuring
- Author - Derek J. Baker
- Jurisdiction - USA