A chapter 7 trustee-lessee’s failure to comply with postpetition, pre-rejection lease obligations does not automatically give the landlord an administrative expense claim, as some courts fashion alternative remedies on a...more
8/21/2024
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Chapter 7 ,
Commercial Bankruptcy ,
Creditors ,
Debtors ,
Department of Homeland Security (DHS) ,
Leases ,
Motion to Compel ,
Payment Terms ,
Post-Petition Interest ,
Rent ,
Trustees
The Ninth Circuit Bankruptcy Appellate Panel held that the Social Security Administration’s withholding of post-petition benefits to satisfy the debtor’s prepetition obligation to repay overpayments qualifies as recoupment...more
4/3/2024
/ Bankruptcy Appellate Panel (BAP) ,
Chapter 7 ,
Debtors ,
Injunctions ,
Pensions ,
Recoupment ,
Social Security Act ,
Social Security Administration (SSA) ,
SSDI ,
Workers’ Compensation ,
Workplace Injury
The Ninth Circuit Bankruptcy Appellate Panel holds that a discharge injunction does not bar an alter ego claim against a non-debtor where, under applicable law, the result of an alter ego finding is not to deem the entities...more
The bankruptcy court’s decision in Svenhard’s provides a path forward for potentially increased creditor recoveries.
To assume an agreement under section 365, the agreement must be an “executory contract,” which generally...more
If you really want to be released from your lease obligations and those of your assignee, you need to get a landlord release at the time of assignment.
An assignor tenant’s lease obligations survive an otherwise permitted...more
1/27/2022
/ Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Commercial Leases ,
Coronavirus/COVID-19 ,
Landlords ,
Leases ,
Material Change Doctrine ,
Pre-Bankruptcy Claims ,
Proof of Claims ,
Releases