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Delaware Bankruptcy Court weighs in on limits to landlord’s lease rejection damages
  • Alston & Bird LLP
  • USA
  • May 26 2015

In In re Filene’s Basement, LLC, the United States Bankruptcy Court for the District of Delaware considered the rejection damages a landlord claimant

Trespass and other claims: ever wonder if litigation is worth it?
  • Pepper Hamilton LLP
  • USA
  • May 20 2015

A chapter 11 debtor operated a small private airport. The debtor and an adjacent landowner had a long running dispute that led to the debtor suing

Bankruptcy Court holds wholly unsecured second mortgage lien may be ‘stripped off’
  • Maurice Wutscher LLP
  • USA
  • May 15 2015

The U.S. Bankruptcy Court for the Southern District of Florida recently held that a wholly unsecured second mortgage lien may be "stripped off," even

To cap or not to cap, that is the question: bankruptcy court examines 502(b)(6)
  • Weil Gotshal & Manges LLP
  • USA
  • May 7 2015

Restructuring professionals cite giving the debtor a “fresh start” as one of the goals of bankruptcy. In order to assist the debtor, the Bankruptcy

Entry of punitive damages for car dealership reversed; developers notes considered senior debt
  • Sirote & Permutt PC
  • USA
  • April 11 2015

This week we present for your consideration two cases: (a) an Alabama Court of Civil Appeals decision setting aside a default judgment against a car

Mortgage claims: sometimes the debtor wins, and sometimes the lender wins
  • Pepper Hamilton LLP
  • USA
  • April 8 2015

The debtor objected to a secured creditor’s claim on a number of grounds: it did not default, if it defaulted it was entitled to an opportunity to

Commercial landlords and tenants beware: the failure to properly terminate a lease pre-petition can lead to unexpected results
  • Berger Singerman LLP
  • USA
  • March 26 2015

A commercial landlord's failure to terminate properly a commercial lease can lead to long drawn-out legal battles between the commercial landlord and

Manufactured home lien: forget perfection, you need to have a lien in the first place
  • Pepper Hamilton LLP
  • USA
  • March 25 2015

A chapter 7 trustee sought to avoid a credit union’s security interest in a manufactured home by asserting his strong arm powers as a hypothetical

Seventh Circuit says finding of intent must be explicit for preclusive effect in non-dischargeability action
  • Foley & Lardner LLP
  • USA
  • March 24 2015

The Bankruptcy Code exempts from discharge those debts arising from willful and malicious injuries caused by the debtor. 11 U.S.C. 523(a)(6

Lease claims: you snooze, you lose
  • Pepper Hamilton LLP
  • USA
  • March 11 2015

After a debtor obtained court approval to retroactively reject a lease as of the bankruptcy filing date, the landlord moved to reset the rejection