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    Tenant insolvency: Intention to appoint administrators must be genuine
    2017-06-28

    Minding the Gap

    JCAM Commercial Real Estate Property XV Limited -v- Davies Haulage Limited [2017] EWCA Civ 267

    Summary

    The Court of Appeal has closed an important loophole benefitting tenants that are considering options for insolvency.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Taylor Wessing, Leasehold estate, Landlord and Tenant Act 1985 (UK), Court of Appeal of England & Wales
    Authors:
    Edward Cooper
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    EMI case settles out of court the decision that a tenant cannot assign its lease to its guarantor still stands
    2017-06-02

    In 2016 the High Court considered the validity of an assignment of a lease by a tenant to its guarantor. The antiavoidance provisions in section 25 of the Landlord and Tenant (Covenants) Act 1995 ("1995 Act") strictly limit the freedom of contract of parties to leases governed by that Act, broadly, those granted after 1995. Agreements which frustrate those provisions are void even if they are commercially justifiable.

    BRIEF FACTS AND DECISION

    EMI Group Limited v O&H Q1 Limited [2016] EWHC 529 (Ch)

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Public, Real Estate, DLA Piper, Landlord, Leasehold estate, Covenant (law), Liquidation, EMI, Court of Appeal of England & Wales, High Court of Justice (England & Wales)
    Authors:
    Kaptuiya Tembo
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Did you see? You may have missed...
    2017-05-09

    De Le Cuona v Big Apple Marketing Ltd, Chancery Division, 12 April 2017 

    Easement to park; illusory; true construction of a deed

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Gatehouse Chambers, Landlord, Leasehold estate, Covenant (law)
    Authors:
    Lina Mattsson
    Location:
    United Kingdom
    Firm:
    Gatehouse Chambers
    State or federal court when evicting a bankrupt tenant?
    2010-06-03

    Many landlords are very familiar with provisions of the United States Bankruptcy Code dealing with assumption and rejection of leases. However, the particular consequences of lease rejection may not be as well known. For example, once a lease is rejected or deemed to be rejected, a landlord may not know its rights with respect to regaining possession of the leased premises. A recent case from a Florida bankruptcy court shed some light on this issue when it held that after a debtor has rejected a lease, the tenant must surrender the premises to the landlord.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Real Estate, Dykema Gossett PLLC, Bankruptcy, Debtor, Landlord, Leasehold estate, Limited liability company, Vacated judgment, Trustee, United States bankruptcy court, Seventh Circuit
    Authors:
    Robert D. Nachman , Neil T. Neumark
    Location:
    USA
    Firm:
    Dykema Gossett PLLC
    Illinois appeal courts affirm mortgagee's right to appointment of a receiver
    2010-08-06

    Introduction
    108 N State
    Olde Prairie case
    Comment


    Introduction

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Litigation, Real Estate, Katten Muchin Rosenman LLP, Retail, Leasehold estate, Limited liability company, Mortgage loan, Foreclosure, Default (finance), Bank of America
    Authors:
    Kenneth M. Jacobson , Devan H. Popat
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Trustee in DBSI bankruptcy files adversary actions
    2010-11-25

    Introduction

    Earlier this month, the chapter 11 trustee (the "Trustee") in the DBSI bankruptcy began filing adversary actions seeking the avoidance and recovery of alleged fraudulent transfers. The Trustee filed the adversary actions against various defendants, some of whom the Trustee identifies as "John Doe 1 -10." This post will look briefly at the DBSI bankruptcy proceeding, why DBSI filed for bankruptcy, as well as some of the events that have transpired since the compnay filed for bankruptcy.

    Background

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bond (finance), Bankruptcy, Debtor, Unsecured debt, Collateral (finance), Commercial property, Leasehold estate, Credit crunch, Title 11 of the US Code, Chief executive officer, Trustee, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    A&P -- direct showdown avoided on leasehold liens under dip financing order
    2011-01-18

    Can a debtor seeking debtor-in-possession (“DIP”) financing under Section 364 of the Bankruptcy Code grant a lender a lien on a leasehold interest in the face of an express anti-hypothecation provision in the underlying lease?

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Debtor, Collateral (finance), Landlord, Leasehold estate, Interest, Default (finance), United States bankruptcy court
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Bad news for debtors in single asset real estate Chapter 11 cases: the Buttermilk Towne Center decision prohibiting use of postpetition rents
    2011-02-07

    The Bankruptcy Appellate Panel for the Sixth Circuit Court of Appeals1 recently issued an opinion of importance in bankruptcy cases involving commercial real estate as the debtor’s only asset, such as a shopping center or office building.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Barnes & Thornburg LLP, Bond (finance), Bankruptcy, Debtor, Collateral (finance), Commercial property, Leasehold estate, Interest, Debt, Mortgage loan, Foreclosure, Default (finance), Title 11 of the US Code, United States bankruptcy court, Sixth Circuit, Bankruptcy Appellate Panel
    Authors:
    Patrick E. Mears , John T. Gregg
    Location:
    USA
    Firm:
    Barnes & Thornburg LLP
    Service attempts to help tenancy-in-common investors exchanging like-kind property under section 1031 in workouts
    2011-03-16

    Now we can add Program Manager’s Technical Advice or “PMTA” to the list of administrative projects on tax matters that are open to FOIA and review by the tax practitioner community. One area that needs some help are investors in tenancy-in-common programs. On May 15, 2010, the Service issue PMTA 2010-05 which provides an legal analysis from Chief Counsel’s office directed to IRS program managers in the field.

    Filed under:
    USA, Insolvency & Restructuring, Tax, Fox Rothschild LLP, Bankruptcy, Costs in English law, Leasehold estate, Debt, Attorney's fee, Pro rata, Internal Revenue Service (USA)
    Authors:
    Jerald David August
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Replacement lien in rents in favor of secured creditor is not adequate protection where the debtor has no equity cushion
    2011-03-22

    In re Buttermilk Towne Center, LLC, No. 10-8036, 2010 Bankr. LEXIS 4563 (B.A.P. 6th Cir. Dec. 23, 2010)

    CASE SNAPSHOT

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Reed Smith LLP, Bond (finance), Bankruptcy, Debtor, Collateral (finance), Leasehold estate, Interest, Limited liability company, Debt, Mortgage loan, Default (finance), Secured creditor, Bénéfice, Municipal bond, Bankruptcy Appellate Panel
    Authors:
    Ann E. Pille
    Location:
    USA
    Firm:
    Reed Smith LLP

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