Features
Court Caps Landlord's Bankruptcy Claim Against Lease Guarantor
A big issue in real estate and retail bankruptcies, among others, involves the disposition of commercial real estate leases, given the potential magnitude of landlord damage claims under state law resulting from a tenant's default under a long-term lease.
Features
When Is A Pretext By A Municipality A Bar To Land Use Approvals?
Recently, there have been several instances in which municipalities have been challenged by property owners claiming that the municipal boards have utilized delaying tactics and other actions as a pretext to prevent development of their properties.
Features
Court of Appeals Addresses Pretext By Municipalities As A Bar to Land Use Approvals?
Recently, there have been several instances in which municipalities have been challenged by property owners claiming that the municipal boards have utilized delaying tactics and other actions as a pretext to prevent development of their properties.
Columns & Departments
Co-Ops and Condominiums
Housing Discrimination Claim Dismissed Co-Op Did Not Breach Shareholder's Guaranty Agreement Co-Op Not Exempt from Lead Paint Mandate
Features
Delaware Bankruptcy Court Rejects Equity Holder's Challenge to Revoke Confirmation Order
The equity owner asserted that the confirmation order previously entered by the court should be revoked based on the equity owner's claim that value was lost due to improper sale and marketing efforts by the debtors and its professionals both pre- and post-bankruptcy and, as such, they should have been "in the money" and entitled to a distribution under the confirmed plan.
Features
Court Caps Landlord's Bankruptcy Claim Against Lease Guarantor
Given that landlord damage claims could overwhelm other creditor claims in a tenant's bankruptcy case, the Bankruptcy Code includes a provision that limits a landlord's claim, which presents challenges for landlords as creditors in bankruptcy cases.
Columns & Departments
Development
Environmental Group Has Standing But Loses On the Merits of Challenge to Subdivision Approval Applicant Entitled to Permit For Small Wireless Facilities
Features
Due Diligence Commercial Leasing Best Practices In New Jersey
Due diligence for CRE loans involves a comprehensive review and analysis of the various conditions and risks associated with the property being mortgaged, with the goal of mitigating such risks to the greatest possible extent before closing the loan.
Columns & Departments
Fresh Filings
Notable recent court filings in entertainment law.
Columns & Departments
Landlord & Tenant Law
Occupation of Premises Does Not Establish Assignment By Operation of Law Amendment to Rent Stabilization Law Is Not Unconstitutional
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