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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.

Columns & Departments

Landlord & Tenant Image

Landlord & Tenant

ssalkin

Section 8 Status Protects Tenant from Eviction<br>Questions of Fact About Acceptance of Surrender

Columns & Departments

In the Courts Image

In the Courts

Colleen Snow

Turkish Banker Conspired to Evade U.S. Sanctions

Columns & Departments

Case Notes Image

Case Notes

ssalkin

Moratorium Invalidated Where Consideration of Zoning Changes Not Planned<br>In Texas, LLCs Cannot Be Made to Pay Attorney Fees<br>No Interaction, No Equitable Tolling

Features

Bankruptcy Venue Reform Bill Introduced Image

Bankruptcy Venue Reform Bill Introduced

Adam Schlagman

On Jan 8, 2018, Senators John Cornyn (R-TX) and Elizabeth Warren (D-MA) introduced the Bankruptcy Venue Reform Act of 2018, which is designed to prevent forum shopping in Chapter 11 bankruptcy cases, a practice that has resulted in a concentration of bankruptcy cases in a few districts.

Columns & Departments

IP News Image

IP News

Jeff Ginsberg & David Cooperberg

Federal Circuit Vacates Noninfringement Decision Finding a Genuine Dispute as to Divided Infringement<br>Patent Trial and Appeal Board Holds Sovereign Immunity No Defense to IPR Petition Brought by Accused Infringer

Columns & Departments

Business Crimes Hotline Image

Business Crimes Hotline

Colleen Snow

HSBC Resolves Wire Fraud Charges

Columns & Departments

Real Property Law Image

Real Property Law

ssalkin

Punitive Damages for Intentional Encroachment<br>Questions of Fact About Readiness to Perform<br>Issues of Fact Preclude Summary Judgment in Action for Brokerage Commission<br>No Meritorious Defense to Foreclosure Action

Features

The Recent Court and Regulatory Battles Behind the Net Neutrality Controversy Image

The Recent Court and Regulatory Battles Behind the Net Neutrality Controversy

Barry Skidelsky

Though it has been a news focus recently, the legal issue of “net neutrality,” or an open Internet, has been a point of contention between Internet access providers and network users since the mid-1990s. Both sides have zealously but unsuccessfully lobbied Congress with multiple efforts to have desired legislation passed. This has left us instead with shifting regulatory actions taken by the Federal Communications Commission (FCC) attempting to address the issue.

Features

<i>Decision of Note</i>: Charitable Immunity Statute Protects Private University from Concert Suit Image

<i>Decision of Note</i>: Charitable Immunity Statute Protects Private University from Concert Suit

Michael Booth

A woman who fell and injured herself while attending a country music concert at Monmouth University cannot sue the school for damages, a New Jersey appeals court ruled in a divided decision that potentially sets the case up to be heard by the state Supreme Court.

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