Two recent bankruptcy court decisions reflect a split of authority on subchapter V eligibility.
In re Macedon Consulting Inc. finds that all future amounts due under an unexpired lease qualify as “noncontingent and...more
3/13/2024
/ Bankruptcy Code ,
Bankruptcy Court ,
Business Ownership ,
Chapter 11 ,
Commercial Leases ,
Debt Collection ,
Investors ,
Landlords ,
Liability ,
Liquidity ,
Reorganizations ,
Small Business ,
Small Business Reorganization Act of 2019 (SBRA)
New York bankruptcy court breaks with precedent and endorses time approach for calculating lease termination damages over rent amount approach, resulting in smaller claims for landlords.
Time approach limits, and often...more
“Can an unsecured creditor be better off when the debtor defaults rather than paying off the debt? Yes: Law can be stranger than fiction in the Preference Zone.”—Ninth Circuit
Untimely payment by tenants and other obligors...more
8/20/2020
/ Appeals ,
Bankruptcy Appellate Panel (BAP) ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Chapter 7 ,
Commercial Tenants ,
Debtors ,
Default ,
Landlords ,
Late Payments ,
Letter of Credit ,
Preferential Transfers ,
Reversal ,
Security Deposits ,
Unsecured Debt