It May Not Be Too Late to Assume That Lease
August 01, 2022
Given the potentially harsh consequence of failing to timely assume a vital lease, a Chapter 11 debtor must be vigilant to avoid a forfeiture. It is important to know, however, that all might not be lost even if the debtor misses this deadline.
The Interplay Between Vendor Finance Agreements and Bankruptcy
July 01, 2022
While regularly used among lenders, manufacturers, and dealers, treatment of Inventory financing program agreements in bankruptcy is not uniform, and uncertainty exists with respect to how such agreements may be treated in the context of a manufacturer's Chapter 11.
A Primer on Landlord Exculpatory Provisions In Leases
June 01, 2022
Keystone Specialty Services Co. v. Ebaugh
Practitioners should take note that depending on the jurisdiction, a well-drafted exculpatory clause may afford additional protections to a commercial landlord, even from its own negligent acts.
Real Property Law
May 01, 2022
Purchaser of Mixed-Use Building, Not Master Lessee of Residential Units, Liable for Rent Overcharges
Questions of Fact About Liability for Broker Commission After Expiration of Brokerage Agreement
Statute of Limitations Does Not Bar Strict Foreclosure Action
7 Post-Pandemic Commercial Property Tax Tips
May 01, 2022
As post-pandemic market values fluctuate due to higher prices, property owners need to adopt strategies to keep their assessed property values down. As we emerge from COVID-19 here are seven key considerations to minimize property tax assessments even as prices increase.
PA Ruling Shows Power of Obtaining Mechanic's Lien
April 01, 2022
In Pennsylvania, if a contractor is not paid for repairs or improvements made to real estate, the contractor can either take the traditional path of litigation and sue the property owner by filing a complaint under contractual or equitable theories or file for a mechanics' lien that clouds title to the real estate.
Enforcement of Obligations Imposed In SEQRA Findings Statements
January 01, 2022
When, at the culmination of environmental review under the State Environmental Quality Review Act (SEQRA), a municipality resolves to require a developer to ameliorate environmental impacts, can anyone other than the municipality itself enforce the requirement?
New York Cannabis Law's Lease Mandate Catch-22
November 01, 2021
New York's recently enacted cannabis law, the Marijuana Regulation and Taxation of 2021 (MRTA), created a maze of new legal requirements that affect not only cannabis companies, but also the companies that conduct business with them.
