Last month, Judge Caproni of the Southern District of New York issued a ruling stating that if a commercial lease does not require a landlord to hold a security deposit in trust and if there is no state statute generally requiring landlords to do so, the security deposit may not be recoverable by the tenant when the landlord files for bankruptcy. See 10FN Inc. v. Cerberus Business Finance LLC, 21-5996 (S.D.N.Y. Oct. 18, 2022).
USA, Insolvency & Restructuring, Litigation, Real Estate, A&O Shearman, Bankruptcy, US District Court for the Southern District of New York
After a relatively brief and checkered stint in Delaware courts, it appears that the cause of action against corporate directors for “deepening insolvency” may have lost its place in Delaware corporate jurisprudence.
USA, Delaware, Company & Commercial, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Shareholder, Breach of contract, Fraud, Fiduciary, Federal Reporter, Debt, Liquidation, Good faith, Due diligence, Business judgement rule, Delaware Supreme Court, Third Circuit