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.
Our Top 9 Business Law-Related Articles for 2025
A list of our top nine most-read Business Law articles for the past year.
Our Top 10 Bankruptcy Law Articles for 2025
A list of our top ten most-read Bankruptcy Law articles for the past year.
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.
