No Discharge of Default Amounts Under An Assumed Contract
Melissa I. Hoffman of Weil, Gotshal & Manges LLP
This article reviews two different sections of the Bankruptcy Code and summarizes a recent Fifth Circuit opinion, Century Indemnity Company v. NGC Settlement Trust.
Senate Passes Bankruptcy Reform Bill
Jacqueline B. Stuart and Joshua M. Fried of Weil, Gotshal & Manges LLP
This article summarizes the Senate Bankruptcy Reform Bill that was passed in the Senate on February 2, 2000.
Four Issues to Watch in Getting the Landlord Paid if a Debtor/Tenant Seeks to Assume or Assign a Commercial Lease
Kenneth L. Samuelson of Deckelbaum Ogens & Raftery, Chartered
The following materials address certain issues that may arise in a bankruptcy proceeding of a tenant/debtor who elects to assume and assign its commercial real estate lease.
Impact of Post-petition Defaults On Debtor's Entitlement to Exercise A Lease Renewal Option
Allison R. Axenrod of Weil, Gotshal & Manges LLP
This article examines Cannery Row Co. v. Leisure Corp., where the Bankruptcy Appellate Panel of the Ninth Circuit concluded that a bankruptcy court is not compelled to allow a debtor to exercise a renewal option contained in a nonresidential real property lease when there is a post-petition default under the lease.
Landlords May Require Payment of Entire Month's Rent Even if Debtor Rejects the Lease in Mid-month
Charles R. Sterbach of Gallagher & Kennedy, P.A.
In a recent case that may prove beneficial to landlords, the Bankruptcy Court for the Northern District of Ohio rul.
Surviving A Sublandlord's Bankruptcy
Jackie Kim Park and Andrea H. Slutske of Pillsbury Winthrop Shaw Pittman LLP
When a party to a lease files for bankruptcy protection, the effect of bankruptcy laws upon the party's lease can be significant. It is essential for one involved in the leasing of real property to understand the impact of certain bankruptcy laws upon a lease transaction. This is especially true for a subtenant in the context of a sublandlord's bankruptcy. While a subtenant's rights in this circumstance typically are tenuous, a subtenant may employ mechanisms to protect the subtenant's interests.
Protecting Your Intellectual Property License in Bankruptcy
Joshua M. Marks of Arter & Hadden LLP
The recent economic slowdown has forced scores of businesses to shut down or file for protection under Title 11 of the United States Code (the "Bankruptcy Code"). Since more bankruptcies are forecasted, especially in the dot-com sector, the prudent licensee should understand certain rights available to it if one of its licensors enters bankruptcy.
When Is a Lease Unexpired And Assumable Under The Bankruptcy Code?
Scott J Friedman of Weil, Gotshal & Manges LLP
This update explains when a lease is considered unexpired and can be assumable under the Bankruptcy Code.
The .com Bankruptcy
Warren E. Agin of Swiggart & Agin, LLC
This article reviews the different options available for an internet start-up when faced with bankruptcy as the company's only alternative.
Insolvency Law Reforms
Alex I. Poust of Schwabe, Williamson & Wyatt
President Bush signed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 on April 20, 2005. While most attention has been directed to the Act's impact on individuals with consumer debts, the Act also addresses a number of issues relevant to business liquidations and reorganizations. With very few exceptions, the Act is effective on October 17, 2005. The following highlights a few changes that should be of particular importance to real property owners and lessors.
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What a Tangled Web the Bankruptcy Code Weaves
Christine L. Myatt of Nexsen Pruet
This article provides a landlord with some suggestions on how to terminate a lease if a tenant is threatening bankruptcy.
The "ABCs" of Commercial Leases in Bankruptcy
Jordan Schrader Ramis PC
You are a landlord of office, industrial or retail space and you just received notice that one .
Miscellaneous Secured Lender Bankruptcy Issues
Leonard M. Gold of Lakin, Solomon & Gold, P.A.
Definition of Secured Claim and Undersecured Claim 1 U.S.C. ?506 (a) provides that a claim is secured to the.
Assumption of Intellectual Property Licenses in Bankruptcy: Catapult Entertainment, Inc.
Pauline M. Stevens of Morrison & Foerster LLP
This article concerns the rights of licensees in intellectual property in bankruptcy proceedings.