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Results: 1-10 of 1,174

What General Counsel should know when a company's tenant files for bankruptcy
  • Bradley Arant Boult Cummings LLP
  • USA
  • July 31 2015

Your tenant files for bankruptcy-what’s your move? Debtors who are lessees under real property leases have certain rights regarding their lease under


In re Seaside Engineering: Eleventh Circuit holds fast on legitimacy of nonconsensual third party plan releases
  • Jones Day
  • USA
  • July 31 2015

In a recent decision, the United States Court of Appeals for the Eleventh Circuit reaffirmed its position sanctioning, under appropriate


Credit bidding: not an absolute right (and what does that mean?)
  • Pepper Hamilton LLP
  • USA
  • July 29 2015

A mortgagee sought to modify a sale order to (1) modify the bid procedures and (2) confirm that it had a right to credit bid. The debtor obtained a


Does silence mean consent? Some courts have found that it does not (at least for purposes of sales under section 363(f))
  • Weil Gotshal & Manges LLP
  • USA
  • July 22 2015

In melodramatic movie weddings, guests are urged, before the couple is joined in matrimony, to "speak now or forever hold their peace" (although this


Puh-lease, it’s a lease: bankruptcy court upholds agreements as true leases entitled to section 365(h) protections
  • Weil Gotshal & Manges LLP
  • USA
  • July 14 2015

When is an agreement a true lease entitling the nondebtor lessee to possessory protections under section 365(h) of the Bankruptcy Code? The United


Foreclosed property: related rights may be tricky
  • Pepper Hamilton LLP
  • USA
  • July 8 2015

After a developer defaulted, the trustee under a deed of trust held a pre-petition foreclosure sale. The issue was whether the developer debtor’s


Second mortgages cannot be voided in Chapter 7 bankruptcy proceedings
  • Jimerson & Cobb P.A.
  • USA
  • July 8 2015

In a post-housing crisis economy, many homeowners, facing a plummet in home values, found themselves trapped in homes that are worth less than the


Delaware bankruptcy court holds that vacating premises after rejection of a lease does not constitute termination of the lease
  • Weil Gotshal & Manges LLP
  • USA
  • June 24 2015

Breach or termination? In most cases involving the rejection of an unexpired lease where the debtor is the lessee, whether a rejection constitutes


New Jersey bankruptcy court issues ruling regarding condominium association liens in Chapter 13 proceedings
  • Greenbaum, Rowe, Smith & Davis LLP
  • USA
  • June 22 2015

On June 11, 2015, the United States Bankruptcy Court for the District of New Jersey recognized that a condominium association's lien is entitled to a


Declared property value in prior bankruptcy proceeding not binding in subsequent insurance suit
  • Merlin Law Group, PA
  • USA
  • June 18 2015

A federal district court in Michigan has declared that homeowners were not judicially estopped from asserting that the value of the personal property