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    Default Under Assumed Lease Need Not Be Material or Ongoing to Trigger Landlords Entitlement to Adequate Assurance of Future Performance
    2023-01-31

    The ability of a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP") to assume, assume and assign, or reject executory contracts and unexpired leases is an important tool designed to promote a "fresh start" for debtors and to maximize the value of the bankruptcy estate for the benefit of all stakeholders. However, the Bankruptcy Code establishes strict requirements for the assumption or assignment of contracts and leases.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Jones Day
    Authors:
    Brad B. Erens , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Fifth Circuit: Bad Faith Does Not Overcome Deferential Business Judgment Standard Applied to Assumption or Rejection of Contracts in Bankruptcy
    2023-01-31

    The ability of a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP") to assume, assume and assign, or reject executory contracts and unexpired leases is an important tool designed to promote a "fresh start" for debtors and to maximize the value of the bankruptcy estate for the benefit of all stakeholders. Bankruptcy courts generally apply a deferential "business judgment" standard to the decision of a trustee or DIP to assume or reject an executory contract or an unexpired lease.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Real Estate, Jones Day, Fifth Circuit
    Authors:
    Mark A. Cody , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Default Under Assumed Lease Need Not Be Material or Ongoing to Trigger Landlord's Entitlement to Adequate Assurance of Future Performance
    2023-01-31

    The ability of a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP") to assume, assume and assign, or reject executory contracts and unexpired leases is an important tool designed to promote a "fresh start" for debtors and to maximize the value of the bankruptcy estate for the benefit of all stakeholders. However, the Bankruptcy Code establishes strict requirements for the assumption or assignment of contracts and leases.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Jones Day
    Authors:
    Brad B. Erens , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    What is a Remediation Contribution Order?
    2023-01-20

    The First-tier Tribunal (FTT) has made what is understood to be the first Remediation Contribution Order under the Building Safety Act 2022 (BSA) in connection with the remediation of building safety defects at a high-rise residential block at 9 Sutton Court Road, in London.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Real Estate, Gowling WLG, Mediation, Cladding
    Authors:
    Sue Ryan
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    The Register of Overseas Entities From a Restructuring and Insolvency (R&I) Perspective
    2023-01-09

    This guide should not be relied on as a definitive guide to the legislation and should not be relied on as legal advice. The particular circumstances of any situation will need to be considered to determine if the overseas entity is one that is captured by the legislation, if the estate is a qualifying estate, and whether the beneficial owners need to be registered. As a result, this guide is intended only as a high-level overview.

    This guide covers the position of property and land situated in England and Wales only.

    What is the Register of Overseas Entities?

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Real Estate, Squire Patton Boggs, Anti-money laundering, Insolvency, Economic Crime (Transparency and Enforcement) Act 2022 (UK)
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Winter Wears On: Celsius Court Rules That Certain Customer Deposits are Property of the Bankruptcy Estate
    2023-01-06

    Introduction

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Real Estate, Weil Gotshal & Manges LLP, Cryptocurrency, FTX
    Authors:
    Ronit J. Berkovich , Jessica Liou
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    What's new with strata wind-ups?
    2021-06-07

    A strata wind-up is an excellent way to realize the economic potential of a multi-unit residential property (the "strata") by leveraging the value of each unit in the strata as a whole to a developer that may want to re-develop on the strata's property. This article summarizes the onset and development of this emerging sector in light of recent case law and current events.

    Introduction to strata wind-ups

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Real Estate, Gowling WLG, Coronavirus
    Authors:
    Paulina Kam , Jimmy Burg
    Location:
    Canada
    Firm:
    Gowling WLG
    What's new with strata wind-ups?
    2021-06-07

    A strata wind-up is an excellent way to realize the economic potential of a multi-unit residential property (the "strata") by leveraging the value of each unit in the strata as a whole to a developer that may want to re-develop on the strata's property. This article summarizes the onset and development of this emerging sector in light of recent case law and current events.

    Introduction to strata wind-ups

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Real Estate, Gowling WLG, Coronavirus
    Authors:
    Paulina Kam , Jimmy Burg
    Location:
    Canada
    Firm:
    Gowling WLG
    A Royal Pain: Contingent Royalties Held to be Dischargeable in Mallinckrodt
    2023-01-04

    In late December 2022, the United States District Court for the District of Delaware issued an opinion affirming the Mallinckrodt bankruptcy court’s November 2021 decision that the debtor could discharge certain post-petition, post-confirmation royalty obligations for the sale of Acthar Gel.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Bracewell LLP
    Authors:
    Jonathan Lozano , Mark E. Dendinger
    Location:
    USA
    Firm:
    Bracewell LLP
    What's new with strata wind-ups?
    2021-06-07

    A strata wind-up is an excellent way to realize the economic potential of a multi-unit residential property (the "strata") by leveraging the value of each unit in the strata as a whole to a developer that may want to re-develop on the strata's property. This article summarizes the onset and development of this emerging sector in light of recent case law and current events.

    Introduction to strata wind-ups

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Real Estate, Gowling WLG, Coronavirus
    Authors:
    Paulina Kam , Jimmy Burg
    Location:
    Canada
    Firm:
    Gowling WLG

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