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Features

Commercial Leases and the Law of Electronic Transactions Image

Commercial Leases and the Law of Electronic Transactions

David P. Resnick & Seth Corthell

Over the past 20 years, the rise of email as a generally-accepted medium of business communication has prompted the law to allow certain contracts, including leases, to be entered into electronically, without a handwritten signature. This article addresses recent developments and the present state of the law with respect to commercial leasing and electronic media.

Features

Professional Fees May Not Be Capped by Standard Carve-Out Provisions Image

Professional Fees May Not Be Capped by Standard Carve-Out Provisions

John C. Tishler & Tyler N. Layne

Secured creditors and debtor-in-possession (DIP) lenders that rely on standard carve-out provisions to limit the impact of bankruptcy professional fees on their collateral would be well-advised to take notice of a U.S. Bankruptcy Court decision from earlier this year.

Features

Split Ninth Circuit Requires Default Interest to Cure Default Image

Split Ninth Circuit Requires Default Interest to Cure Default

Michael L. Cook

A Chapter 11 debtor "cannot nullify a preexisting obligation in a loan agreement to pay post-default interest solely by proposing a cure," held a split panel of the U.S. Court of Appeals for the Ninth Circuit.

Features

Expansion of the <i>Barton</i> Doctrine To Unsecured Creditors' Committees Image

Expansion of the <i>Barton</i> Doctrine To Unsecured Creditors' Committees

Sheryl P. Giugliano

The U.S. Court of Appeals for the Ninth Circuit recently held in <i>Blixseth v. Brown</i> that under <i>Barton v. Barbour</i>, a plaintiff must obtain a bankruptcy court's permission before commencing a lawsuit in another forum against a member of the committee of unsecured creditors, and that <i>Stern v. Marshall</i> does not preclude bankruptcy courts from adjudicating such claims on the merits.

Features

Make-Whole Mayhem Image

Make-Whole Mayhem

Jeffrey R. Gleit & Nathaniel R.B. Koslof

<b><i>Uncertain Treatment of Make-Whole Premiums Upon Bankruptcy-Induced Acceleration and Redemption of Indentures</b></i><p>Make-whole premiums are essentially prepayment penalties imposed on borrowers when loans are paid off in advance of their maturity dates. These premiums remove the borrowers' incentives to refinance whenever interest rates drop, and provide stability and predictability to the world of secured lending.

Features

Landlord Harassment of Commercial Tenants Image

Landlord Harassment of Commercial Tenants

Janice G. Inman

<i><b>Part Two of a Two-Part Article</i></b><p>As discussed last month, in <i>Lansaw v. Zokaites</i>, the tenants (and bankruptcy petitioners) complained of certain harassment that occurred prior to the filing of their bankruptcy petition. Let us turn now to the court's analysis of the landlord's post–bankruptcy-petition behavior.

Features

High Expectations for Commercial Construction Activity Image

High Expectations for Commercial Construction Activity

ljnstaff & Law Journal Newsletters &

Construction industry executives are particularly optimistic regarding the prospects of local, nonresidential construction activity this year, according to a recent Wells Fargo Equipment Finance survey of industry contractors and equipment distributors.

Features

Navigating the Bankruptcy Court's Power to Modify A Secured Creditor's Lien Image

Navigating the Bankruptcy Court's Power to Modify A Secured Creditor's Lien

David M. Hillman & James T Bentley

This article focuses on the impact of section 552 of the Bankruptcy Code, which addresses the effect of a bankruptcy filing on property acquired by the debtor after the filing of the bankruptcy case (referred to as "after-acquired property") and proceeds of pre-bankruptcy collateral.

Features

The Chapter 9 Crucible Image

The Chapter 9 Crucible

Ron Oliner & John R. Weiss

Any bankruptcy practitioner, upon first contact with a municipal bankruptcy case, may be shocked by the lack of substantive law to be found in Chapter 9. The dearth of detail has long caused bankruptcy lawyers and courts to turn to the far more substantive provisions of Chapter 11 for practical guidance.

Columns & Departments

In the Marketplace Image

In the Marketplace

ljnstaff & Law Journal Newsletters &

Debra P. Goldberg has joined the law firm of Cullen and Dykman LLP as a partner in the firm's Banking Practice Group. Practicing from the firm's Garden…

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