Bankruptcy Law News and Insights

Bankruptcy 101: A Primer For Landlords Facing Tenant Bankruptcies

Published: Oct 08, 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: Oct 02, 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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When Fiduciary Means Fiduciary: Criminal Bid-Rigging Charges In The Neiman Marcus Bankruptcy Proceedings

Published: Sep 22, 2020
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I. Introduction Complex restructurings are no stranger to colorful facts and unpredictable twists and turns. But few lead to criminal charges. Fewer still involve criminal charges against the chairman of the unsecured creditors' committee, alleging that he abused his position to benefit himself financially. On September 3, 2020, federal authorities...

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