Bankruptcy Law News and Insights

E Pluribus Unum Or Ex Uno Plures? Attempted ABS Master Lease Rejection In The Hertz Bankruptcy

Published: Dec 02, 2020
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Since filing for Chapter 11 in May 2020, Hertz and its major stakeholders have been in negotiations and, at times, disputes over how best to reduce Hertz's nearly half-a-million vehicle fleet. These negotiations and disputes have caught the eye of investors in asset-backed securities ("ABS") and market watchers alike, as...

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Bankruptcy 101: A Primer For Landlords Facing Tenant Bankruptcies

Published: Nov 30, 2020
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As the pandemic endures and businesses continue to struggle under restrictions and safety measures intended to control the spread, it is likely that a number of commercial and retail tenants will either threaten to file bankruptcy or actually do so in the coming months. What can you, as a building...

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Second Circuit Holds That So-Called Flip Clause Priority Provisions Are Protected

Published: Nov 28, 2020
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The Bottom Line In Lehman Brothers Special Financing Inc. v. Branch Banking & Trust Co. (In re Lehman Brothers Holdings Inc.), No. 18-1079, --F.3d--, 2020 WL 4590247 (2d Cir. Aug. 11, 2020), the Second Circuit held that provisions in a swap agreement calling for the alteration of payment priority upon a...

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