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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.
Creditors Catch a Break on Preference Actions and the New Value Defense – Re: Claims for 20-Day Shipments
When a debtor receives a shipment of goods within 20 days before the date it files bankruptcy and has failed to pay for said shipment prior to the [...]
Angela Lopez and Bill Siegel Named to the 2023 D Magazine List of Best Lawyers
Cowles Thompson is pleased to announce that D Magazine® recently selected two attorneys for inclusion to its 2023 list of "Best Lawyers in North Texas." Angela Lopez [...]
Creditors’ Rights Against Officers and Directors
Bill Siegel was invited to write an article for the Bankruptcy spotlight in the May 2023 edition of the Dallas Bar Association's Headnotes publication. We are sharing the [...]
Are Lessees Entitled to Protection Upon a Bankruptcy Court-Approved Sale of Property Free and Clear? Yes, Under Certain Circumstances
In In re Royal St. Bistro, LLC, 26 F.4th 326 (5th Cir. 2022), the U.S. Court of Appeals for the Fifth Circuit recognized the rights of lessees when [...]
Lenders Beware: Lender Liability is Back
Lender liability lawsuits have generally been few and far between. However, recently, a Chapter 7 trustee obtained a judgment against a lender premised on the lender’s bad acts [...]
Creditors Precluded from Collaterally Pursuing Claims Against Third Party/Guarantor, if Treated/Released in Confirmed Re-Org Plan
In New Falls Corp. v. LaHaye (In re LaHaye), No. 19-30795 (5th Cir. Nov. 12, 2021), the Fifth Circuit Court of Appeals prevented a secured lender from pursuing [...]
The Texas Two-Step is Alive and Well
See a related update, published Feb. 16, 2023. In re LTL Mgmt. LLC, No. 21-30589 (MBK) [Docket No. 1572] (Bankr. D.N.J. 2021) Other than being a dance, [...]
