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Landlords and Administrative Claims in Bankruptcy
Landlords are not always entitled to an Administrative Claim for non-payment of rent in a bankruptcy. When a debtor in bankruptcy rejects a contract...it ends the contractual relationship with the non-debtor counterparty - who is then left with a claim for damages.
Can a Lease Rejection be Retroactive to a Bankruptcy Filing Date?
Bill Siegel discusses In re Mallett, Inc., and the question of whether rejection of a lease could be retroactive - where breach and bankruptcy are involved.
Debts for a Partner’s or Agent’s Fraud are Still Nondischargeable, Regardless of Culpability of the Innocent Debtor
In a unanimous decision, the U.S. Supreme Court in Bartenwerfer v. Buckley, 598 U.S. 69 (2023), found that an innocent partner having no knowledge of the fraud committed by […]
Ownership Transfer Restrictions in Corporations, Limited Liability Companies, or Partnerships
Bankruptcy and restrictions on transferability of ownership interests - for entities that are closely held and can be formed in Texas under the Texas Business Organizations Code: partnerships, corporations, and limited liability companies.
Critical Vendor Treatment in Bankruptcy
Critical vendor treatment in bankruptcy is a process that allows a debtor to pay a vendor its pre-petition claim based on the idea that the vendor is so important to the debtor’s business, that ending the relationship would make it very difficult if not impossible for the debtor to reorganize.
Does a Bankruptcy Discharge Protect the Debtor’s Alter Ego ?
If a corporation obtained a discharge through a bankruptcy proceeding, can that debt be enforced against the alter egos? Bill Siegel explores a recent opinion where the U.S. Bankruptcy Appellate Panel for the Ninth Circuit faced this question.
Vendor Rights Under Sections 502(b)(9) and 546(c) of the Bankruptcy Code
Bankruptcy and Creditor's Rights attorney Bill Siegel explains Bankruptcy Code provisions that apply to vendor's rights and creditor's rights regarding distressed debtors.
Beware – Innocent Directors Found Responsible for Single Director’s Fraud
Bill Siegel looks at the In re Cyber Litigation and whether a Controlling Director's intent to defraud can be imputed to the Innocent Directors of a company's Board of Directors.
Groundbreaking U.S. Corporate Transparency Act and What Business Owners Should Know
The Corporate Transparency Act requires most small corporations, companies and limited partnerships to register "beneficial ownership information" with the Financial Crimes Enforcement Network (FinCEN).
Sitting on the Sidelines During a Bankruptcy Can Result in Catastrophic Consequences
Bill Siegel discusses the Fifth Circuit holding in Raymond James v. Jalbert (In re: German Pellets La., LLC) - and the consequences for a creditor who opts to "sit on the sidelines" of a bankruptcy.
Bankruptcy Court’s Treatment of Defaults in Executory Contracts
Bill Siegel discusses Hawkeye Entertainment and executory contracts in situations where a lease relates to a bankruptcy.
The “Notwithstanding” Clause May Not Control
What effect does the "notwithstanding" clause in an agreement have over a specific provision of a contract?
If Bankruptcy Occurs on the Eve of Trial, Is There Cause to Modify the Stay?
Bill Siegel looks at Ornagevale LLC - and whether a debtor who filed bankruptcy on the eve of trial had a commercial lease that had terminated or could be assumed, and whether cause existed to lift or modify the stay.
Landlord Tenant Issues: Terminating a Lease and Writ of Possession
Whether a landlord seeks to terminate a lease, or terminates right of possession, or chooses neither when seeking to evict a tenant can have consequences if the tenant files bankruptcy.
Is Commercial Lease Termination a Fraudulent Transfer? Circuit Courts Differ
Bill Siegel looks at whether commercial lease termination is a fraudulent transfer - and the differing outcomes in the Seventh and Third Circuit Courts of Appeals.
