Among the Bankruptcy Code’s most powerful one-two punches, Section 365(a) allows a debtor to reject burdensome unexpired leases and Section 502(b)(6) caps the landlord’s resulting claim for rejection damages at “the rent...more
As the pandemic-induced recession continues, there will be increasing opportunities for investors to acquire failing businesses at bargain prices. Companies with sound business models that were until recently profitable may...more
In the best of times, the restaurant industry is notorious for its carpaccio-thin profit margins. Now, COVID-19 has forced most restaurants to limit service to delivery/takeaway, or shut their doors altogether. Similar to...more
When the Small Business Reorganization Act (SBRA) was signed into law in August 2019 and slated to take effect in February 2020, no one could have foreseen that, by March 2020, the U.S. economy would grind to a halt as a...more
In In re Garlock Sealing Technologies, LLC, 504 B.R. 71 (Bankr. W.D.N.C. 2014), the court confirmed what many asbestos defendants and their insurers long suspected: that “the withholding of exposure evidence by plaintiffs and...more