Best Practices: Transactional Drafting
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An ‘Admin’ Claim Isn’t Mandated for Nonpayment of Rent Before Automatic Rejection
To align with congressional intent underpinning Section 365(d)(3), Judge Gravelle gave the landlord an administrative claim for base rent due after filing and before automatic rejection.
Court:
Early Edition with Bill Rochelle
An Agreement to Modify a Mortgage Was an Assumable Executory Contract
Is pre-filing a mortgage modification agreement a contract to make a loan that cannot be assumed under Section 365(c)(2)?
MOAC Again: No Remedy for the Landlord Despite Beating Sears in the Supreme Court
On remand from the Supreme Court and the Second Circuit, the district court decides that the Mall of America landlord isn’t entitled to more than the bargain it made with Sears in 1991.
Mass Confusion: Win, Lose or Draw, What’s Next After the Supreme Court Rules? Part I
Bankruptcy Code:
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D&O Litigation and Coverage Issues in Bankruptcy: Voidable Clauses, Who Owns Policy Proceeds, and Who Can Assert Claims
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