Commercial Law

  • Serving Two Masters: When 'Bankruptcy Remote' Meets Public Policy

    How Lenders to BREs Can Reduce the Risk of Debtor Bankruptcy Without Compromising Public Policies

    Structured financing transactions, including those pertaining to commercial real estate, make extensive use of entities formed for the specific purpose of reducing the likelihood that assets will be involved in a potential bankruptcy proceeding. Known as “bankruptcy-remote entities,” or “BREs,” these entities are subject to structures and covenants in financing documents and their own formation documents, which are designed to reduce the likelihood that the BRE will file for bankruptcy protection.

    March 01, 2018Pamela J. Martinson

  • Anti-Forfeiture Statute Saves a Debtor's Exercise of Option to Renew Lease

    In a recent decision, Bankruptcy Judge Christopher S. Sontchi addressed the question of whether a Chapter 11 debtor, the tenant under a commercial lease, could exercise an option to renew the lease during the bankruptcy proceedings, even though the debtor was in default under the lease and the lease specified that it could not be renewed if defaults existed at the time the option was exercised.

    March 01, 2018Barry M. Klayman and Mark E. Felger

  • Landlord & Tenant

    Section 8 Status Protects Tenant from Eviction
    Questions of Fact About Acceptance of Surrender

    March 01, 2018ssalkin

  • Case Notes

    Moratorium Invalidated Where Consideration of Zoning Changes Not Planned
    In Texas, LLCs Cannot Be Made to Pay Attorney Fees
    No Interaction, No Equitable Tolling

    March 01, 2018ssalkin

  • Real Property Law

    Punitive Damages for Intentional Encroachment
    Questions of Fact About Readiness to Perform
    Issues of Fact Preclude Summary Judgment in Action for Brokerage Commission
    No Meritorious Defense to Foreclosure Action

    March 01, 2018ssalkin

  • Development

    Town Board Failed to Take 'Hard Look' at Amendment
    Jurisdictional Determination from Army Corps
    Developer Failed to Allege Concrete Injury

    February 01, 2018ssalkin

  • Lender's Choice In Naming Defendants Is Under Assault

    Can a foreclosing plaintiff choose whom to name as a party defendant in a foreclosure action? In New York, in the absence of prejudice to the defaulting property owner, the answer is yes. Although a recent holding of New York's Appellate Division, Second Department, tacitly suggests “no,” the case may not have addressed the actual controlling principles.

    February 01, 2018Bruce J. Bergman

  • Case Notes

    Trial Required to Disprove Malice
    Court Upholds Conditions Imposed on Zoning Variance
    Lease Identified
    Notice of Termination Not Defective for Being Sent By Attorney
    Hearing Required to Determine Whether Lease Denied for Unconstitutional Reasons

    February 01, 2018ssalkin

  • 'Trial of the Century' Takes on Hell or High Water

    Will a Rising Tide of Managed Solutions Transactions Sink the Most Venerated of Leasing Provisions?

    There is change afoot in the equipment leasing marketplace, and it portends a potentially seismic shift in the perception, usefulness and utility of the well-tested HOHW clause.

    January 01, 2018Paul Bent