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 [...]
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 [...]
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 [...]
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, there are [...]
Litigation “Good Faith” and Use of an Expert in Fraudulent Transfer Actions
Picard v. Merkin (In re Bernard L. Madoff Investment Securities LLC), 09-1182 (Bankr. S.D.N.Y. Dec. 22, 2017) (the “Merkin Adversary”) In the “clawback” lawsuits filed by the Trustee in the [...]
