Today we’ll begin with a two-part question: When do you suppose you could (i) hold a debtor’s property hostage without running afoul of the automatic stay and (ii) also collect on an administrative expense for postpetition rent for leased space used to store such property?

If you don’t already know the answers to the above questions, perhaps an overview of a recent decision from the Bankruptcy Court for the District of New Jersey will provide some insight.

Addressing latent claims in bankruptcy cases has always been a challenge, and debtors are often left with uncertainty as to whether such claims have been discharged.  Although the legal standard for what constitutes a “claim” under the Bankruptcy Code in the Third Circuit has evolved to give debtors and potential claimants more clarity with respect to the treatment of latent claims, the uncertainty remains for plans confirmed prior to 2011.  A recent decision from the District of New Jersey, 

Earlier this month, we lost Judge Joseph E. Irenas, Senior United States District Judge for the District of New Jersey.  He is remembered as a thoughtful jurist, a dedicated teacher, and a valued mentor.  This blogger had the pleasure of meeting Judge Irenas only briefly, but his dignity and charm were immediately apparent. 

When is an agreement a true lease entitling the nondebtor lessee to possessory protections under section 365(h) of the Bankruptcy Code?  The United States Bankruptcy Court for the District of New Jersey addressed this issue in the