Commercial Tenant Rights When The Landlord Files Bankruptcy
When a commercial landlord files bankruptcy, what are the rights of a tenant? Bill Siegel explains where the tenant must continue to perform, the choices a tenant may have, and what happens when the lease is assumed and/or assigned to a third party.
How to Structure a Deal and Avoid a Fraudulent Conveyance
Bill Siegel looks at a 2nd Circuit opinion and explains how a creditor might properly construct deal terms to prevent fraudulent conveyance.
Adequate Assurance for Lease Assumption Doesn’t Require Guarantees
Bill Siegel explains In re Broadway Realty I Co. LLC - related to adequate assurance for lease assumption, guarantees, and the "Shopping Center Exception" in bankruptcy.
Johnson & Johnson’s Texas Two‑Step: A Bankruptcy Strategy Under Scrutiny
An update to the Johnson & Johnson bankruptcy strategy of a divisive merger, AKA "Texas Two-Step" and a recent (January 2026) New Jersey court dismissal of plaintiff's suit for fraud.
Non-Consensual Third-Party Releases No Longer Permissible in Chapter 11 Plans
In 2024, in a 5-4 decision, the Supreme Court rejected the notion that bankruptcy courts may confirm a plan of reorganization that discharges claims against third parties -- without the consent of affected claimants.
Director Fiduciary Duty and Liability After a Leveraged Buyout
Bill Siegel explains In re nine West LBO Securities Litigation and the proposition that liability may attach to the company’s old board of directors even though they are not members of the new board and were not involved in any of the alleged misconduct.
Settlement Agreements Can Be Held Nondischargeable Debts in Bankruptcy
Prior to filing bankruptcy, a debtor settled an assault claim by agreeing to pay the victim/creditor in installments -- up to a point. Bill Siegel looks at Hilgartner v. Yagi (In re Hilgartner) and whether collection costs and interest are dischargeable
The Insured vs. Insured Exclusion re: Officer and Director Liability
Insurance policy exclusions eliminate coverage for certain acts, property, types of damage, or locations. The Insured vs. Insured Exclusion excludes coverage for claims brought against Directors and Officers by other Directors & Officers for the same company.
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.
