Recovering the Value of Preferential Transfers of Goods or Equipment: Seller Beware
March 26, 2008
Imagine you are an equipment manufacturer. You sell $45 million in goods to a reliable customer on credit, shipping them to a third-party warehouse to be held for the customer to pick up when needed. Months later, unable to pay and sliding toward bankruptcy, the customer returns the unused equipment. The next thing you know, the customer, having filed for bankruptcy, sues YOU to recover not only the $45 million value of the returned equipment, but also an additional $55 million in cash payments the customer had made.
Truck Leasing in a Down Economy: How to Prepare
March 26, 2008
The apparent downturn of the economy is currently most prevalent in the trucking sector, which saw a dramatic increase in repossessions and liquidations in the past year. This article discusses strategic options for lessors.
The Leasing Hotline
March 26, 2008
Highlights of the latest commercial leasing cases from around the country.
How Much Control? Municipalities and Real Property Matters
March 26, 2008
Part One of this series discussed the origin of the authority to make property use regulations and an increasing trend by municipalities to regulate aesthetics and use through the development of 'chronic nuisance' statutes that permit property closure and regulation of vacant properties. This second installment discusses the manner in which the Chicago Municipal Code functions.
A Good Deed May Go Unpunished: Parties That Voluntarily Clean Up Sites Can Sue for Cost Recovery Under CERCLA
March 25, 2008
One U.S. Supreme Court decision this past term brought welcomed news to those labeled 'potentially responsible parties' under the Comprehensive Environmental Response, Compensation and Liability Act. In <i>United States v. Atlantic Research</i>, the Court unanimously agreed that PRPs that voluntarily clean up contaminated property may bring suit for cost recovery against other PRPs under '107 of CERCLA. The Court's opinion left certain questions unanswered and even raised one or two new questions.
In the Spotlight: Shopping Center Lease Assignments -- Bankruptcy Changes Could Hamper Debtors
March 25, 2008
Certain amendments to Title 11, United States Code (the 'Bankruptcy Code') implemented by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 received little notice, but one such change made to §365(f)(1), a section commonly utilized by debtor/ tenants to invalidate anti-assignment provisions contained in commercial leases, could have a wide-ranging impact in retail bankruptcy cases.
Retail Goes Green
March 25, 2008
Retail construction represents only 1.5% of the projects registered with the U.S. Green Building Council for green building status. To incorporate this powerful segment of the building industry into the certification program, the USGBC recently introduced two pilot programs tailored to retail development.
Shortfall Fees in Factoring Pact
February 29, 2008
In a recent decision, Judge Shira A. Scheindlin of the U.S. District Court for the Southern District of New York applied New Jersey law in ruling that a shortfall fee charged by a factoring company was enforceable, pursuant to an alternative fee structure under a certain factoring agreement.
