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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.
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.
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?