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Features

A Clash Between 'Free and Clear' and Tenants' Rights Under Bankruptcy Code Section 365(h) Image

A Clash Between 'Free and Clear' and Tenants' Rights Under Bankruptcy Code Section 365(h)

Albena Petrakov

With the recent carnage in the retail industry, a lot of attention goes to the fate of landlords when their tenants seek bankruptcy protection. A recent case that brings balance is <i>Revel AC Inc. v. IDEA Boardwalk, LLC</i>.

Columns & Departments

Case Notes Image

Case Notes

ssalkin

Contractual Allocation of Damage Risk Thwarts Insurer's Subrogation Claim<br>Lacking Specifics, Lease Term Is Unenforceable

Features

Claim of Non-Purchasing Tenant Status Rebuffed Image

Claim of Non-Purchasing Tenant Status Rebuffed

Deborah E. Riegel

When developers convert occupied buildings to condominiums or, less frequently, cooperative ownership, non-purchasing tenants are protected from eviction. When tenants in those buildings acquire vested rights as non-purchasing tenants is significant for developers, because the timing dictates the number of units that will be available for sale to outside purchasers. It is, therefore, no surprise that this is a highly charged and contested issue.

Features

10 Categories of Provisions to Consider in any Commercial Lease Image

10 Categories of Provisions to Consider in any Commercial Lease

Alan Nochumson

Part One of a Two-Part Article When entering into a lease for commercial space, there are some items that should not be overlooked. Landlords and tenants alike should make sure that the following things are addressed in the lease, one way or another.

Columns & Departments

Development Image

Development

ssalkin

Cemetery Entitled to Use Variance<br>ZBA Usurpation of Planning Board Authority<br>Statutory Factors Need to Be Considered In Denial of Area Variance

Features

Inheriting Tenants in Default? Image

Inheriting Tenants in Default?

Ira Fierstein & Michelle Palka

An Illinois Appellate Court recently ruled in favor of a commercial tenant after a new owner acquired a commercial building and attempted to collect accrued unpaid rent owed to the previous landlord.

Columns & Departments

Eminent Domain Image

Eminent Domain

ssalkin

Condemnation Award Reduced

Columns & Departments

Real Property Law Image

Real Property Law

ssalkin

Title Insurance Inducements<br>Purchaser's Willful Default/Down Payment<br>Tortious Interference Claim Reinstated<br>Easement Scope<br>Mortgage Acceleration

Features

A Clash Between 'Free and Clear' and Tenants' Rights Under the Bankruptcy Code's Section 365(h) Image

A Clash Between 'Free and Clear' and Tenants' Rights Under the Bankruptcy Code's Section 365(h)

Albena Petrakov

With the recent carnage in the retail industry, including Sears and many other retailers of all shapes and sizes, a lot of attention goes to the fate of landlords when their tenants seek bankruptcy protection.

Columns & Departments

Case Notes Image

Case Notes

ssalkin

First Court's Lack of Jurisdiction over Cause of Action Means Second Action Is Not Barred

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