Bill Siegel, Author at Cowles Thompson

TENANTS OF REJECTED LEASES IN BANKRUPTCY MAY NOT HAVE TO PAY RENT

When a landlord files bankruptcy and rejects a lease, the tenant has the right to remain in the premises. Moreover, the tenant has the right to offset whatever damages it […]

By Bill Siegel|December 10, 2018|Bankruptcy|

“Mere Conduits” of Fraudulently Conveyed Funds Continue to Face Scrutiny

There are two basic ways of proving a fraudulent conveyance under the United States Bankruptcy Code (sometimes referred to as the “Code”) and the Uniform Fraudulent Transfer Act. The first […]

By Bill Siegel|November 15, 2018|Bankruptcy|

Tough Road for Sears — Leverage for Landlords?

When Sears filed bankruptcy on October 15, 2018, it announced that it would close 142 under-performing stores. But determining the aggregate number of store closings has been difficult. Early in […]

By Bill Siegel|November 5, 2018|Bankruptcy|

An Otherwise Enforceable Anti-Assignment Clause in a Lease Will be Treated Differently in Bankruptcy

What appears to be one thing is not always the case. Take an anti-assignment provision of a lease. Outside of bankruptcy, such a provision would be enforced. On the other […]

By Bill Siegel|August 9, 2018|Bankruptcy|

Fallout from Retail Bankruptcies — Landlords and Junior Creditors v. Private Equity

The June 8, 2018 article in Bloomberg, “Private Equity Comes Under Fire” written by Eliza Ronalds-Hannon and Steven Church¹, highlights the tensions that exist between landlords and junior creditors on […]

By Bill Siegel, Staff|June 21, 2018|Bankruptcy|

Is the Retail Apocalypse Overstated? (How to Deal with a Retail Bankruptcy)

There were just shy of 7,000 store closures of major U.S. retail chains in 2017. Many of these closures were skewed toward apparel retailers and regional malls. Yet, […]

By Bill Siegel|March 23, 2018|Bankruptcy|