Bankruptcy Law News and Insights

The Effects Of Chapter 11 Bankruptcy On Landlords And Tenants

Published: Nov 12, 2023
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As the old saying goes, "be careful what you wish for because it just might come true." WeWork, a pioneer of remote work, simply didn't anticipate that "remote" work would one day go beyond "hot desks" to include no office at all. In conjunction with the pandemic, remote work created...

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Critical Vendor Payments Are No Sure Thing In The Ninth Circuit

Published: Nov 06, 2023
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As many in the trade are well aware, Chapter 11 debtors frequently seek bankruptcy court approval to pay the prepetition claims of vendors the debtor has deemed critical to the continued operation of its business and success of its Chapter 11 case. Debtors seek this relief based, in part, on...

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Pre-Petition Settlement Agreement Not An Assumable, Assignable, Executory Contract

Published: Oct 19, 2023
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In Svenhard's Swedish Bakery v. United States Bakery, Bk. No. 19-15277, 2023 WL 5541420 (9th Cir. Aug. 29, 2023), the Ninth Circuit held that a settlement agreement that resolved an employer's withdrawal liability to a multiemployer pension fund was not an executory contract that could be assumed and assigned to a...

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