Serving Two Masters: When 'Bankruptcy Remote' Meets Public Policy
March 01, 2018
<i><b>How Lenders to BREs Can Reduce the Risk of Debtor Bankruptcy Without Compromising Public Policies</b></i><p>Structured financing transactions, including those pertaining to commercial real estate, make extensive use of entities formed for the specific purpose of reducing the likelihood that assets will be involved in a potential bankruptcy proceeding. Known as “bankruptcy-remote entities,” or “BREs,” these entities are subject to structures and covenants in financing documents and their own formation documents, which are designed to reduce the likelihood that the BRE will file for bankruptcy protection.
The Do's and Don'ts of 'Yellowstone' Injunctions: A Brief Survey
January 01, 2018
A Yellowstone injunction proceeding is a proceeding in New York court in which a commercial tenant seeks to enjoin the landlord from evicting the tenant for an alleged breach of the lease. This temporary relief preserves the tenant's ability to cure should the court determine that the tenant is in breach, and thus avoid forfeiting its substantial investment in the leasehold.
'Trial of the Century' Takes on Hell or High Water
January 01, 2018
<b><i>Will a Rising Tide of Managed Solutions Transactions Sink the Most Venerated of Leasing Provisions?</i></b><p>There is change afoot in the equipment leasing marketplace, and it portends a potentially seismic shift in the perception, usefulness and utility of the well-tested HOHW clause.
Shipping Insolvencies and Texas Businesses
January 01, 2018
Texas businesses and their attorneys should be aware of legal and practical issues that may arise in the event of a shipping insolvency. Two particularly murky areas that have been illuminated by recent case law are maritime liens and reclamation rights.
When 'Bankruptcy Remote' Meets Public Policy
January 01, 2018
<b><i>Serving Two Masters</i></b><p>This article examines two recent cases, and suggests practices that lenders to BREs can use to reduce the risk of a debtor bankruptcy without compromising the policies underlying bankruptcy and corporate laws.
The Food Safety Modernization Act
December 01, 2017
<b><i>Part Two of a Two-Part Article</i></b><p>Last month, the author began discussion of the Food Safety Modernization Act (FSMA), which will have a large impact on the food and feed industry in the coming years. The author continues here with an explanation of some of the effects the FSMA is expected to have on equipment manufacturers and on lenders and lessors.
Surviving the Retail Shift
December 01, 2017
<b><i>What to Do with Personal Property After a Tenant Vacates</b></i><p><i><b>Part Four of a Five-Part Series</i></b><p>The wreckage of a failed retail business often includes the tenant's personal property that remains in the leased space. Critical to evaluating what to do with this personal property is understanding the nature of that property and determining who has rights to it.
