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Commercial Landlords: Don’t Terminate That Defaulting Lease Yet!
  • Kegler Brown Hill + Ritter
  • USA
  • May 19 2016

Understand that termination of a defaulting commercial lease may constitute a transfer of assets and a fraudulent conveyance in the event of a tenant

Fifth Circuit Holds That Assumption of a Real Property Lease Is Effective Upon Entry of an Agreed Order
  • Weil Gotshal & Manges LLP
  • USA
  • May 16 2016

The Big Easy. A city overflowing with art, food, fun, and pride. A place where you can experience the immensity and power of a hurricane (both the

Aeropostale Bankruptcy Highlights Challenges for Retailers Seeking to Reorganize
  • Hunton & Williams LLP
  • USA
  • May 16 2016

Earlier this month, teen clothing retailer Aéropostale filed for Chapter 11 bankruptcy protection, seeking to immediately close 154 of its over 800

Automatic Stay Releases Airplane Hostage and Shoots Down Landlord’s Administrative Expense
  • Weil Gotshal & Manges LLP
  • USA
  • May 12 2016

Today we’ll begin with a two-part question: When do you suppose you could (i) hold a debtor’s property hostage without running afoul of the automatic

Bankruptcy Court Considers Whether Chapter 7 Trustee May Bring Private Cause of Action For Alleged Breach of Debtor’s Duties
  • Foster Swift Collins & Smith PC
  • USA
  • May 10 2016

The U.S. Bankruptcy Court for the Eastern District of Michigan recently considered the issue of whether a Chapter 7 trustee may bring a cause of

Fourth Circuit Case on Modification of Residential Mortgage
  • Nexsen Pruet
  • USA
  • May 9 2016

The Fourth Circuit has held that in a case where the rate of interest on a residential mortgage loan had been increased upon default, a Chapter 13

Burst Again: Sabine Bankruptcy Court Issues Binding Ruling Finding No Covenants Running with Land
  • Orrick, Herrington & Sutcliffe LLP
  • USA
  • May 6 2016

Earlier this year, we covered Judge Shelley Chapman’s ruling in the Sabine bankruptcy, permitting the Debtors to reject a handful of gathering and

U.S. Bankruptcy Court in California Issues Decision on Enforceability of Prepetition Waivers of the Automatic Stay
  • Duane Morris LLP
  • USA
  • May 4 2016

Adding to the unsettled body of case law on the enforceability of prepetition waivers of the automatic stay, on April 27, 2016, the U.S. Bankruptcy

7th Circuit Disrupts Commercial Certainty in Lease Terminations; Landlords, We Hate That You Have to Read this Blog Post
  • Bryan Cave LLP
  • USA
  • May 3 2016

There are many tenants that are, shall we say, "problem children." They pay late, open late, breach, junk up your strip or building, threaten, the

4th Cir. Confirms Sale Orders in Prior Bankruptcy Precluded Debtor’s Later Claims
  • Maurice Wutscher LLP
  • USA
  • May 3 2016

The U.S. Court of Appeals for the Fourth Circuit recently affirmed the dismissal of a borrower’s lawsuit against a bank, holding that the district