Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Update on reorganization financing
    2011-04-07

    Reorganization or debtor-in-possession (“DIP”) financing has become an increasing source of litigation.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Insurance, Litigation, Real Estate, Schulte Roth & Zabel LLP, Debtor
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Fourth Circuit affirms dismissal of reorganization case due to commercial tenant’s bad faith litigation tactics
    2007-06-20

    The Fourth Circuit, on June 15, 2007, affirmed the dismissal of a Chapter 11 reorganization petition filed by a tenant debtor in a commercial lease dispute. Maryland Port Administration v. Premier Automotive Services, Incorporated (In re Premier Automotive Services, Incorporated), ___ F.3d ___, 2007 WL 1721951 (4th Cir. 6/15/07).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Schulte Roth & Zabel LLP, Bankruptcy, Debtor, Injunction, Landlord, Leasehold estate, Interest, Federal Reporter, Good faith, Bad faith, Title 11 of the US Code, Westlaw, United States bankruptcy court, Fifth Circuit, Fourth Circuit, Sixth Circuit
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Sixth Circuit Holds State Court Tax Foreclosure Subject to Fraudulent Transfer Attack
    2022-01-06

    A “federal [fraudulent transfer claim under Bankruptcy Code § 548] is independent of [a] state-court [foreclosure] judgment,” held the U.S. Court of Appeals for the Sixth Circuit on Dec. 27, 2021. In reLowry, 2021 WL 6112972, *1 (6th Cir. Dec. 27, 2021). Reversing the lower courts’ approval of a Michigan tax foreclosure sale, the Sixth Circuit reasoned that “the amount paid on foreclosure bore no relation at all to the value of the property, thus precluding the … argument that the sale was for ‘a reasonably equivalent value’ under the rule of BFP v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Tax, Schulte Roth & Zabel LLP, Foreclosure, Clawback/avoidance/preferences/fraudulent transfers, Sixth Circuit
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Bankruptcy Court Grants Tenant Partial Rent Abatement Under Force Majeure Clause (COVID-19)
    2020-06-29

    In a decision of first impression entered on June 3, 2020, a Chicago bankruptcy court (“Court”) held that a restaurant tenant was excused from paying a significant portion of its rent under the force majeure provisions of its lease because of the governor’s executive order prohibiting in-house dining during the COVID-19 pandemic.[1] This decision is highly significant for landlords and tenants whose ability to service their clients has similarly been restricted by government orders.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Real Estate, Schulte Roth & Zabel LLP, Force majeure, Coronavirus, Title 11 of the US Code
    Authors:
    Kelly (Bucky) Knight
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Easement held to be an in rem property interest subject to section 363 sale
    2016-08-30

    In the decision of In re Metroplex on the Atlantic, LLC, 545 B.R. 786 (Bankr. E.D.N.Y. 2016), the United States Bankruptcy Court for the Eastern District of New York held that an easement is an in rem property interest, subject to sale free and clear under Bankruptcy Code section 363(f).

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Real Estate, Fox Rothschild LLP, Bankruptcy, Limited liability company, Secured creditor, Easement, United States bankruptcy court
    Authors:
    Carl D. Neff
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Abengoa Court Enters Order Permitting Debtors to Reject Nonresidential Real Property Leases
    2016-04-25

    Recently in the Abengoa SA bankruptcy proceeding (click here to review prior post), the United States Bankruptcy Court for the District of Delaware entered an order permitting Debtors to reject certain nonresidential real property leases (the “Rejection Order”).

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Real Estate, Fox Rothschild LLP, United States bankruptcy court
    Authors:
    Carl D. Neff
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Exempt property sales in bankruptcy
    2013-01-14

    I just had an interesting discussion with a partner on the subject of the sale of exempt property in bankruptcy.  We concluded that even though tenant by the entireties real estate might be exempt from creditor claims in some states, nonetheless in bankruptcy it is still property of the estate under Bankruptcy Code section 541 and subject to the bankruptcy trustee’s general powers of sale under Code section 363(b).  The analysis goes like this:  section 541 creates a bankruptcy estate that includes all interests of the debtor in property without mention of exemptions, and sec

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Real Estate, Fox Rothschild LLP, Bankruptcy, Leasehold estate
    Authors:
    Michael J. Viscount, Jr.
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    New Jersey court rules receiver can be liable for personal injury
    2012-11-08

    The New Jersey Appellate Court has recently ruled that a receiver can be sued for injuries sustained in a building under the receiver’s control.  The case involved a dilapidated apartment building in Passaic and injuries sustained thirteen months after the receiver was appointed by judge overseeing the foreclosure case of the first mortgage holder.  The receiver was charged with responsibility to collect rent; manage, insure and repair the premises; pay taxes and assessments; and “do all things necessary for the due care and proper management of the mortgaged premises.”  Acco

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Real Estate, Fox Rothschild LLP, Mortgage loan, Foreclosure
    Authors:
    Michael J. Viscount, Jr.
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    What is the basis for an administrative rent claim?
    2012-08-27

    There are generally three types of claims in a bankruptcy proceeding: unsecured claims, secured claims and administrative expense claims. Section 503 of the Bankruptcy Code governs the allowance of administrative expense claims. Section 503 provides that "after notice and a hearing, there shall be allowed administrative expenses…, including the actual and necessary costs and expenses of preserving the estate." 11 U.S.C. § 503(b)(1)(A).

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Real Estate, Fox Rothschild LLP, Debtor, Landlord
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Landlords: beware when terminating and evicting commercial tenants
    2012-01-20

    When a tenant under a commercial lease defaults and the landlord wishes to exercise a right to terminate the lease and evict the tenant, the landlord must comply with the terms of the lease and the applicable law regarding termination and eviction.  This issue was addressed in a September 8, 2011, decision by the U.S.

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Litigation, Real Estate, Fox Rothschild LLP, Landlord, United States bankruptcy court
    Location:
    USA
    Firm:
    Fox Rothschild LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 240
    • Page 241
    • Page 242
    • Page 243
    • Current page 244
    • Page 245
    • Page 246
    • Page 247
    • Page 248
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days