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Second Circuit Likely to Deliver Big Win for Commercial Shopping Center Lessor Image

Second Circuit Likely to Deliver Big Win for Commercial Shopping Center Lessor

Michael L. Cook

The U.S. Court of Appeals for the Second Circuit, on remand from the Supreme Court, further remanded to the district court the key issue of whether the Chapter 11 debtor gave "adequate assurance of future performance of" a commercial real property shopping center lease "as required by the Bankruptcy Code after the debtor's assignment of its lease.

Features

Key Win Likely for Commercial Shopping Center Lessor In Second Circuit Image

Key Win Likely for Commercial Shopping Center Lessor In Second Circuit

Michael L. Cook

The Second Circuit, on remand from the U.S. Supreme Court, further remanded to the district court the key issue of whether the Chapter 11 debtor gave "adequate assurance of future performance of" a commercial real property shopping center lease "as required by [Bankruptcy Code] §365(b)(3)(A)," after the debtor's assignment of its lease.

Features

CA Bankruptcy Court Throws Regulatory Concerns Aside and Sides With Cannabis Business' Chapter 11 Plan Image

CA Bankruptcy Court Throws Regulatory Concerns Aside and Sides With Cannabis Business' Chapter 11 Plan

Lawrence J. Kotler & Ryan Spengler

While this case does not fully open the courthouse doors to cannabis-related businesses and seemingly grants the bankruptcy courts a great deal of discretion when ruling on similar cases in the future, cannabis-related businesses may now have a roadmap to pursue reorganization.

Columns & Departments

Real Property Law Image

Real Property Law

New York Real Estate Law Reporter Staff

Notice of Pendency Improper In Private Nuisance Action Incapacity and Undue Influence Challenge to Deed Fails Authority Entitled to Divert Surface Water Covenant Restricting Landscaping Changes Enforced Failure to Record Does Not Invalidate Deed Against Purchaser Charged With Notice

Features

Fifth Circuit: Pre-petition Payout of Insurance Proceeds Should Be Classified As a 'Transfer of An Interest' Image

Fifth Circuit: Pre-petition Payout of Insurance Proceeds Should Be Classified As a 'Transfer of An Interest'

Francis J. Lawall & Brenden S. Dahrouge

In upholding the bankruptcy court's determination that the payment of insurance proceeds could be such a transfer, the Fifth Circuit underscored the complex interplay between state law, bankruptcy law and the rights of creditors in bankruptcy proceedings.

Columns & Departments

Eminent Domain Law Image

Eminent Domain Law

New York Real Estate Law Reporter Staff

Attorney's Fee Awarded On Interest Accruing During Appeal

Features

A Look Inside the Rulings for Sandy Hook Families In Alex Jones Bankruptcy Image

A Look Inside the Rulings for Sandy Hook Families In Alex Jones Bankruptcy

Ross Todd

A Q&A with the team working on the Alex Jones/Sandy Hook case in bankruptcy court in Texas, who provides an inside look at the case, their strategy, and some takeaways.

Features

Designing the Future: Protecting AR/VR Innovations With Design Patents Image

Designing the Future: Protecting AR/VR Innovations With Design Patents

By Zachary D. Cleary, Jose J. Jimenez & Taryn A. Elliott

The future is only redesigned every so often, so it is worth asking, what will this new technology look like, and how can pioneers protect their user-facing innovations that will define this emerging space? Design patents are the answer.

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

New York Real Estate Law Reporter Staff

Tenant's Summary Judgment Motion Denied In Rent Overcharge Proceeding

Columns & Departments

Fresh Filings Image

Fresh Filings

Entertainment Law & Finance Staff

Notable court filings in entertainment law.

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