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Lease termination disputes and bankruptcy

USA - August 14 2018 As the brick and mortar retail industry continues to decline, landlords are likely to engage in an increasing number of lease disputes with delinquent...

Litigating the ordinary course of business defense summary judgment and the Stanziale v. Industrial Specialists decision

USA - September 30 2015 Preference litigation is frequently a game of poker between a bankruptcy trustee and creditors in which the trustee begins with a significant...

Structured dismissals Part IV bells & whistles: sweetening the pot and drawing objections

USA - July 31 2015 As noted in Part III, movants seeking approval of structured dismissal motions typically must prove that the proposed dismissal is in the best...

Structured dismissals how they work part III: the best interests of the creditors test

USA - April 6 2015 Part II of this series focused on the first element of section 1112(b)’s dismissal test: whether “cause” exists for the court to dismiss or convert...