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A Commercial Landlord's Rights in Bankruptcy
Having a tenant in bankruptcy can be one of the most frustrating ' and costly ' experiences that a commercial landlord endures. Although the Bankruptcy Code requires tenants to remain current in payment of their post-petition rent, landlords are often held hostage to the process, stuck with a non-paying tenant in default and a bankruptcy court unwilling to turnover possession of the property. So, what is a landlord to do and how can a landlord maximize its recovery of pre- and post-petition rent in bankruptcy? This article presents the landlord's various options, explore its options and provide guidance on protections and rights that landlords possess.
The Post-Petition Impact of a Pre-Petition Termination of the Lease
Particularly in the current financial climate, it is important for landlords to remain vigilant in collection efforts on a month-to-month basis. Landlords must not permit a tenant to fall far behind and where arrears do accrue (or other defaults exist), landlords should quickly seek payment or eviction in accordance with the lease and applicable state law. An important step in this process is to terminate a lease in accordance with its terms concurrent with the filing of any state eviction proceedings.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?