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Four Issues to Watch in Getting the Landlord Paid if a Debtor/Tenant Seeks to Assume or Assign a Commercial Lease ( January 2008 )
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. -
Insolvency Law Reforms ( June 2005 )
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. -
Surviving A Sublandlord's Bankruptcy ( August 2003 )
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 ( December 2001 )
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. -
The .com Bankruptcy ( December 2000 )
This article reviews the different options available for an internet start-up when faced with bankruptcy as the company's only alternative. -
No Discharge of Default Amounts Under An Assumed Contract ( July 2000 )
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 ( February 2000 )
This article summarizes the Senate Bankruptcy Reform Bill that was passed in the Senate on February 2, 2000. -
When Is a Lease Unexpired And Assumable Under The Bankruptcy Code? ( April 2000 )
This update explains when a lease is considered unexpired and can be assumable under the Bankruptcy Code. -
Impact of Post-petition Defaults On Debtor's Entitlement to Exercise A Lease Renewal Option ( September 1999 )
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. -
The "ABCs" of Commercial Leases in Bankruptcy ( October 1999 )
You are a landlord of office, industrial or retail space and you just received notice that one .
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