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Can a Lease Terminated Under State Law be Revived in the Tenant's Bankruptcy?

In these troubled times when lease and other contract defaults, as well as bankruptcies, abound, it may be useful to reexamine what happens to a lease of commercial real estate when it has been terminated in accordance with...more

New Small Business Reorganization Act Makes It Easier For Small Businesses To Reorganize

Chapter 11 can be a daunting and expensive process for any business to undertake, but its myriad requirements tend to have a disproportionate effect on small businesses....more

Bankruptcy Beat: Second Circuit Ruling Rejects Involuntary Bankruptcy Cases When Used for Debt Collection

Imprisonment for debt has been abolished by all states, either by constitutional amendment, statute or common law, see Pease v. Charlotte Hungeford Hospital, 325 Conn. 363, 375-76 (2017); Note, “State Bans on Debtors' Prisons...more

New York Bankruptcy Courts Hold That a Debtor’s Failure to Make Postpetition Loan Payments is a Basis for Granting Relief from the...

February 2, 2018 There are basically two alternative grounds for a secured lender to achieve a lifting of the automatic stay imposed by the bankruptcy filing of its borrower. One is to establish that the debtor has no equity...more

Bankruptcy Court Rejects Forum-Shopping Ploy

Originally published in the Connecticut Law Tribune on March 11, 2013. It has become a reality of bankruptcy practice that most large or complex Chapter 11 cases are filed and administered in one of two so-called...more

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