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Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
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Post-Petition Interest in a Solvent Case
Rudolph J. Di Massa Jr., Lawrence J. Kotler
&
Catherine B. Heitzenrater
<b><i>What Interest Rate Controls?</b></i><p><p>In today's low-interest rate environment, the difference between a contractual interest rate and the federal judgment rate can be quite significant. It is not surprising, therefore, that this issue has become hotly litigated in cases involving solvent Chapter 11 debtors.
Features
Holders of Unredeemed Gift Cards Denied Bankpruptcy Priority
Francis J. Lawall
&
Francis A. Weber
For some time now, the brick and mortar side of the retail industry has been in financial distress. In 2015 and 2016 alone, brand-name companies such as Sports Authority, RadioShack, Aéropostale, American Apparel, Eastern Mountain Sports and City Sports sought bankruptcy protection. A common question in these cases is how to treat holders of unredeemed gift cards. Are they near the back of the line with other general unsecured creditors, or are they entitled to “priority” payment status under the Bankruptcy Code?
Features
Vendor's Reclamation Rights Survive Lien of Post-Petition DIP Loan
Barry M. Klayman
&
Mark E. Felger
In <i>In re Reichhold Holdings US</i>, bankruptcy judge Mary F. Walrath upheld the validity of a vendor's administrative claim for its reclamation rights under Section 546(c) of the Bankruptcy Code as against a post-petition DIP lender. In doing so, Judge Walrath declined to follow cases from the Bankruptcy Court of the Southern District of New York that held otherwise.
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