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Business Crimes Hotline Image

Business Crimes Hotline

Juliet Gunev

Microsoft and Hungarian Subsidiary Agree to Pay $25 Million to Resolve FCPA Investigations in Hungary, Saudi Arabia, Turkey and Thailand

Features

Resolving the Competing Desires of Buyers and Tenants In Bankruptcy Image

Resolving the Competing Desires of Buyers and Tenants In Bankruptcy

Daniel A. Lowenthal

A Tension Between §§363(f) and 365(h) How do bankruptcy judges resolve the competing desires of buyers and tenants? Must buyers bid for property knowing that tenants might have the right to stay if their leases are rejected? Are tenants in jeopardy that they might have to move elsewhere to live or work?

Columns & Departments

In The Courts Image

In The Courts

Juliet Gunev

Maryland Jury Convicts Former CEO of Israeli Company for Role In $145 Million Binary Options Fraud

Features

Bankruptcy Court Rules U.S. Trustee Amended Fee Schedule Unconstitutional Image

Bankruptcy Court Rules U.S. Trustee Amended Fee Schedule Unconstitutional

Francis J. Lawall & Marcy J. McLaughlin

The Office of U.S. Trustee is known among practitioners as the "watchdog" of the bankruptcy process. To fund the U.S. Trustee, Chapter 11 debtors must pay quarterly fees. Following a recent substantial increase to the U.S. Trustee fee schedule, the U.S. Bankruptcy Court for the Eastern District of Virginia found the amended fee schedule to be unconstitutional because it was being applied nonuniformly to Chapter 11 debtors around the country.

Columns & Departments

Case Notes Image

Case Notes

ssalkin

Despite State Law, Merger Extinguishes Renewal Rights of Successor in Interest Court May Rely on Parole Evidence to Show Illegal Purpose of Sublease

Features

Deciphering the Tax Status of Leased Property Image

Deciphering the Tax Status of Leased Property

Janice G. Inman

Is a property leased to a farming tenant a commercial property or an agricultural property? What about a building leased to a government entity? The distinction can make a difference in the tax laws that apply to the parcel.

Features

How a Call to Service May Impact Rights and Obligations Under a Lease Image

How a Call to Service May Impact Rights and Obligations Under a Lease

Andrew Dector

When members of the military are be called into action, the impact could be felt right here at home by our commercial landlords, especially those whose tenants are composed of businesses owned or operated by a sole proprietor, or an owner with one or two employees.

Features

Lessor Repossession of Property on Eve of Lessee Bankruptcy: Voluntary Turnover or Face Contempt Image

Lessor Repossession of Property on Eve of Lessee Bankruptcy: Voluntary Turnover or Face Contempt

Theresa A. Driscoll

Lessors who repossess property immediately prior to a lessee bankruptcy filing may be required to return such property or face sanctions by the bankruptcy court. Federal courts are currently split on the issue of whether the lessor must voluntary surrender property seized pre-petition or may hold such property until the debtor obtains an order of turnover.

Features

Achieving Commercial Real Estate Success Post-Brexit Image

Achieving Commercial Real Estate Success Post-Brexit

Mathew B. Tully & Barry Crushell 

Proper planning and the ability to pivot will help American companies with UK, EU commercial property interests.

Columns & Departments

Case Notes Image

Case Notes

ssalkin

Failure to Read Lease is Not Fatal to Claim

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