Clause & Effect
Net-Profit Rights/Movies Based on TV Shows<br>Insurance/Contract-Breach Exclusion<br>Insurance/Copyright-Infringement Coverage
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Determining the Indubitable Equivalent of A Bankruptcy Claim
Peter Gampel
One aspect of the dispute in interpreting clauses in an agreement from a financial point of view, and one with significant consequences, centered around the term indubitable equivalent value for a Class 5 creditor in the context of a debtor's fifth amended Chapter 11 plan and objection to confirmation filed by creditor. The U.S. Bankruptcy Court, Middle District of Florida, Jacksonville Division opined on that issue.
Columns & Departments
Development
New York Real Estate Law Reporter Staff
Constitutionality of Boarding House Definition Town's Use of Escrow Funds Upheld Planning Board Failed to Consider Public Safety Issue Denial of Special Permit Upheld Due to Traffic Concerns Questions of Fact About Whether Agreement Included Acquisition of Air Rights Zoning Amendment Not Arbitrary Even If It Would Authorize Uses Prohibited By Restrictive Covenants
Columns & Departments
Fresh Filings
Entertainment Law
&
Finance Staff
Notable recent court filings in entertainment law.
Features
$8.6M Settlement In Florida Serves As Cautionary Tale for Commercial Real Estate
Michael A. Mora
"What's going to happen with affordable housing is that people are going to be living under the radar, trying to get under the leases and do not live there, and apartment owners need to be aware of that because they could be liable for that."
Features
What Happens When Nondischargeable Student Loan Is Later Determined to Be Dischargeable?
Lawrence J. Kotler
&
Drew S. McGehrin
The U.S. Bankruptcy appellate panel for the Ninth Circuit addressed a matter of first impression: what happens when a debt that may be considered nondischargeable is later determined to be dischargeable, and more importantly, whether efforts to collect such a debt be exempt from penalties for violating the discharge injunction?
Features
Delaware Bankruptcy Judge Orders Fee Examiners for 'Larger Chapter 11 Cases'
Dan Roe
A rise in bankruptcies involving fraud and mass tort litigation is causing more bankruptcy lawyers to face scrutiny over their billing practices.
Features
Delaware District Court Could Guide Supreme Court Purdue Pharma Decision
Michael L. Cook
A bankruptcy court properly held that derivative claims based on "piercing the corporate veil theory of liability [were] released under" a confirmed reorganization plan, but that direct "claims for negligent undertaking" were not released and "could be asserted" in state court against the debtors' equity sponsors.
Features
Court Caps Landlord's Bankruptcy Claim Against Lease Guarantor
Andrew C. Kassner
&
Joseph N. Argentina Jr.
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?
Steven M. Silverberg
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?
Steven M. Silverberg
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.
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