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Do COVID-19 Rent and Eviction Protections Just Delay Inevitable Bankruptcy? Image

Do COVID-19 Rent and Eviction Protections Just Delay Inevitable Bankruptcy?

Dana Delman & John Vukmanovic

In attempts to alleviate the impact of job losses and business disruption due to COVID-19, state and local governments have passed emergency orders and regulations temporarily prohibiting evictions and extending deadlines to pay rent, among other restrictions. When those restrictions are lifted, there is no guarantee that they will have done more than delay the inevitable: eviction and bankruptcy.

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Bankruptcy Code Section 502(d) Claim Disallowance Issues 'Travel With' the Claim Image

Bankruptcy Code Section 502(d) Claim Disallowance Issues 'Travel With' the Claim

Rudolph J. Di Massa, Jr. & Geoffrey A. Heaton 

In a recent decision, the U.S. Bankruptcy Court for the Southern District of New York held that claim disallowance issues under Section 502(d) of the Bankruptcy Code "travel with" the claim, and not with the claimant.

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10th Circuit Looks At Nuances of Challenging Fraudulent Conveyance Image

10th Circuit Looks At Nuances of Challenging Fraudulent Conveyance

Francis J. Lawall & Marcy J. McLaughlin Smith

Under the Bankruptcy Code, not only can the initial recipient of a fraudulent conveyance be held liable, but so too can a subsequent transferee. However, there can be important nuances in the challenged transaction that may provide a subsequent transferee with a substantial defense.

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Bankruptcy 'Plunderers' Can Be Sued by Creditors, Third Circuit Rules Image

Bankruptcy 'Plunderers' Can Be Sued by Creditors, Third Circuit Rules

P.J. D'Annunzio

The U.S. Court of Appeals for the Third Circuit has ruled in a precedential decision that in cases where a trustee has abandoned a bankrupt entity, a creditor can nevertheless sue those who "plunder" a near-insolvent company of its remaining assets.

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Bankruptcy Sales: Finding a Diamond In the Rough Image

Bankruptcy Sales: Finding a Diamond In the Rough

Matthew I. Kramer

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Features

J.Crew Allowed to Shutter Under Terms of Mall Lease Image

J.Crew Allowed to Shutter Under Terms of Mall Lease

Danielle C. Lesser

Malls across America, long suffering even before the rise of COVID-19, are now forced to confront a wave of store closures that will inevitably result from current factors. Troubled retailers will, without doubt, seek to close their failing mall locations. To stem these efforts, landlords have applied to courts for injunctive relief to force stores to remain open and operating through the enforcement of the "continuous operations provision" found in mall leases.

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Will Pandemic Lead to More SARE Filings? Image

Will Pandemic Lead to More SARE Filings?

Lidia Dinkova

Single-asset real estate bankruptcies (SAREs) are streamlined reorganizations for debt taken out by borrowers on just one property, giving them a three-month window to propose a restructuring plan.

Features

The Bankruptcy Code's Anti-Discrimination Section and COVID-19 Image

The Bankruptcy Code's Anti-Discrimination Section and COVID-19

Andrew C. Kassner & Joseph N. Argentina Jr.

The pandemic has spurred analysis of legal issues as businesses grapple with their respective relationships with both private and public entities. In this article, the authors examine Section 525 of the Bankruptcy Code — the anti-discrimination section, and its implications during COVID-19.

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The ABCs of Assignments for the Benefit of Creditors (ABCs) Image

The ABCs of Assignments for the Benefit of Creditors (ABCs)

Mark S. Melickian & Hajar Jouglaf

General assignments for the benefit of creditors (ABCs) have been and continue to be a popular business liquidation device for the orderly wind down of corporations, limited liability companies, and even nonprofit corporations and general partnerships. Just as in bankruptcy, an ABC can also be used to facilitate a going-concern sale of the debtor's assets to a third-party. Includes an interactive state-by-state map.

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Small Business Reorganization Act and Subchapter V Image

Small Business Reorganization Act and Subchapter V

Robert W. Dremluk

The general purpose of Subchapter V was to streamline the Chapter 11 bankruptcy process for small businesses and individuals engaged in business to administer their bankruptcy estate in an efficient and less costly manner.

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