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Development

ssalkin

Town Entitled To Injunctive Relief for Violation of Certificate of Occupancy

Features

Founders of Cryptocurrency-Focused Tech Company Face Federal Fraud Charges Image

Founders of Cryptocurrency-Focused Tech Company Face Federal Fraud Charges

Colby Hamilton

Two heads of a tech company that raised tens of millions through an initial coin offering for what was sold as the world's first multi-blockchain debit card now face federal civil and criminal charges for allegedly defrauding investors.

Features

Ex-Wife Entitled to Payment from Script Settlement Image

Ex-Wife Entitled to Payment from Script Settlement

Max Mitchell

Settlement proceeds from a writers' dispute involving the film <i>Olympus Has Fallen</i> must be further divided pursuant to one of the writer's divorce agreements, the Pennsylvania Superior Court has ruled.

Features

Leased Property in Bankruptcy: Residential vs. Non-Residential Image

Leased Property in Bankruptcy: Residential vs. Non-Residential

Janice G. Inman

Bankruptcy is a fact of life in the United States. When it happens, the treatment of a lease as either residential or non-residential may be crucial to all parties -- landlords, tenants, subtenants and their counselors.

Features

How the New UST Fee Schedule Is a Ticking Tax-Bomb for Middle Market Debtors Image

How the New UST Fee Schedule Is a Ticking Tax-Bomb for Middle Market Debtors

Jacob H. Marshall & Randall Klein

As of Jan. 1, 2018, each jointly administered debtor with quarterly disbursements of at least $1,000,000 must pay a fee of 1% of all disbursements, up to $250,000 per quarter. Although this change in the law was only intended to address shortfalls in UST funding, it has taken a little-noticed component of bankruptcy and magnified it into a ticking tax-bomb for unsuspecting debtors and their lenders.

Features

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

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

Barry M. Klayman & Mark E. Felger

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.

Features

Ninth Circuit Ruling Eases Plan Acceptance Requirement in Multi-Debtor Plans of Reorganization Image

Ninth Circuit Ruling Eases Plan Acceptance Requirement in Multi-Debtor Plans of Reorganization

Adam H. Friedman, Jonathan T. Koevary & Lauren B. Irby

In a case of first impression at the circuit level, the United States Court of Appeals for the Ninth Circuit held that section 1129(a)(10) of the Bankruptcy Code — which requires a favorable vote of at least one impaired class of creditors in order to confirm a Chapter 11 plan — applies on a “per-plan” basis, rather than a “per-debtor” basis.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Rule 12(b)(6) Motion Denied in Infringement Dispute over Anastasia Musical, Due to “Lengthy Historical Record” Involving Central Character<br>

Columns & Departments

In the Courts Image

In the Courts

Dennis Mahoney

Tenth Circuit Lowers Investment Advisor's Disgorgement from $35 to $5 Million

Columns & Departments

Landlord & Tenant Image

Landlord & Tenant

ssalkin

Guarantor May Not Interpose Wrongful Eviction Defense<br>Landlord Bound by Renewal Lease Signed After Judgment of Possession<br>Notice of Nonrewnal Sufficient to Withstand Jurisdictional Challenge<br>Incarcerated Son Not Entitled to Succession Rights<br>Occupant Did Not Establish Succession Rights<br>Court Dismisses Tortious Interference Claim By Holder of First Refusal Right

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