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    Nero CVA challenge - Part One: the pre-emptive strike (out)
    2021-06-15

    CVA challenges have been in the spotlight recently and the story continues with Nero Holdings Ltd v Young in which the court considered an application to strike out a CVA challenge claim. Although there is nothing ground-breaking in the court’s reasoning to dismiss the strike out/summary judgment application, its detailed reasoning will offer some helpful guidance and assistance to those involved in these applications.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs
    Authors:
    Mark Prior
    Location:
    European Union, United Kingdom
    Firm:
    Squire Patton Boggs
    The Real Estate Problem of Retail
    2019-02-25

    The retail sky is falling. At least that is how it appears from recent and unprecedented number of retailers filing for bankruptcy. From iconic stores such as Sears and Toys ‘R’ Us, to department stores such as Bon Ton, to mall stores including Brookstone, The Rockport Company, Nine West, among others. The reasons given for such filings vary as much as their products but one theme seems to be constant — the inability of retailers to maintain “brick and mortar” operating expenses in the era of online shopping.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Liquidation, Right to property, United States bankruptcy court
    Authors:
    Christopher J. Giaimo
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Regis - Another Loss For UK Landlords In Their Battle Against CVAs
    2021-05-20

    Following in the footsteps of the New Look CVA challenge judgment (see our blog here) it was not unsurprising that Zacaroli J dismissed all but one of the landlord challenge claims when handing down his judgment in Regis.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Spotlight on CVAs - the British Property Federation gives Squire Patton Boggs its views on the recent spate of “landlord” CVAs
    2018-06-11

    Cathryn Williams and Paul Muscutt, partners in the Squire Patton Boggs Restructuring & Insolvency team in London, interview Ian Fletcher, Director of Policy (Real Estate) of the BPF (the trade association for UK residential and commercial real estate companies) to get the BPF’s views on the recent spate of CVAs seeking to reduce/compromise lease liabilities.

    Do you think the current use of CVAs is fair on landlords?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, Squire Patton Boggs, Commercial property
    Authors:
    Cathryn Williams , Paul Muscutt
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Virgin Active Restructuring Plan approved in a disappointing week for landlords
    2021-05-17

    The pandemic and various lockdowns have been tough on the landlord community. The last few days have not made that any easier. First, the New Look decision dismissed the challenge mounted by a number of landlords (see our blog here ). Then on 12 May 2021 the landlord community was dealt another blow by the outcome of the restructuring plan (“RP”) in Virgin Active.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs
    Authors:
    Mark Prior
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Retail CVAs - update for landlords
    2018-03-22

    Carpetright, the UK flooring company, has announced that it is considering a Company Voluntary Arrangement with the aim of “rationalising the company’s property portfolio in order to improve the long-term prospects of the business”. This is expected to enable the business to close unprofitable shops and reduce their rent bill. With 409 shops across the country, any proposed CVA is going to have a significant impact on landlords.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs
    Authors:
    James Moore
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Can UK retailers use a CVA to re-write existing lease arrangements?
    2020-12-18

    Increasing pressures placed on those operating in the retail and hospitality sectors as a result of COVID-19, means there is likely to be an increasing use of CVAs in these sectors. The intention would be to help support and restructure businesses in distress, but could retailers use a CVA as a mechanism to re-write the terms of its leases?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Coronavirus
    Authors:
    Devinder Singh
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Marijuana Businesses Barred from the Bankruptcy Courts: But How Far Will the Bar Extend?
    2017-12-14

    As more and more states pass laws allowing the sale of marijuana, whether for medicinal or recreational purposes, investors will try to claim their share of what is certainly going to be a lucrative market. However, even in a growing market, private enterprises fail or need restructuring. This raises the question of whether distressed marijuana businesses, and those doing business with marijuana businesses, can seek relief under the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Controlled Substances Act 1971 (USA)
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Further Uncertainty for UK Commercial Landlords as Extension to Prohibition on Forfeiture is Announced
    2020-12-10

    The UK Government has announced that the temporary prohibition on forfeiture will be extended when the current prohibition comes to an end at the end of the year. The restriction, that prevents commercial landlords from forfeiting a lease for non-payment, will now be in place until 31 March 2021.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Commercial tenant
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Lessees Left in Limbo
    2017-08-03

    Do a lessee’s possessory interests in real property survive a “free and clear” sale of the property under section 363 of the Bankruptcy Code? In a recent decision, the Ninth Circuit Court of Appeals said “no,” holding that section 365(h) did not protect the interest of the lessee in the context of a section 363 sale when there had been no prior formal rejection of the lease under section 365.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Bankruptcy, Leasehold estate, Debtor in possession, United States bankruptcy court, Trustee
    Authors:
    Kate Thomas
    Location:
    USA
    Firm:
    Squire Patton Boggs

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