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Automatic Stay Leases

Ward and Smith, P.A.

Bankruptcy Destroyed My Perfect (Landlord-Tenant) Relationship!

Ward and Smith, P.A. on

February brings us Valentine's Day, and we bring you a tale as old as time. Two people meet, maybe online, maybe at a Chamber of Commerce mixer, maybe over lunch arranged by a broker.  They hit it off and commit to a...more

Morrison & Foerster LLP

Recent Second Circuit Decision Holds that Conducting a Foreclosure Sale upon a Property After a Tenant Files for Bankruptcy...

In New York, it is a standard practice to name all tenants residing in a building when foreclosing upon the property. That is because section 1311 of the New York Real Property Actions and Proceedings Law (“RPAPL”) states...more

Troutman Pepper

Lease Termination: Do You Really Mean It?

Troutman Pepper on

A commercial landlord sought relief from the automatic stay so that it could complete prepetition eviction proceedings against the debtor. The debtor objected, arguing that it had a right to assume the lease. The case turned...more

Troutman Pepper

Some Days, A Stay Is Easier to Obtain Than Others

Troutman Pepper on

In A&F Enterprises v. IHOP Franchising LLC, 742 F.3d 764 (Seventh Cir. 2014), Chapter 11 debtors appealed a determination that their building leases were deemed rejected because they were not timely assumed. Both the...more

Pullman & Comley, LLC

Bankruptcy Law Update - December 2012

Pullman & Comley, LLC on

In this December 2012 Issue: - Second Circuit Decisions - Connecticut Bankruptcy Court Decisions The Second Circuit tackles the criminal exception to the automatic stay, administrative rent claims under a...more

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