The recent decision of the Ninth Circuit in In re Hawkeye Entertainment, LLC contains a few important takeaways with respect to the treatment of executory contracts and unexpired leases under section 365 of the Bankruptcy...more
Due to its relation to the state of the economy, a bankruptcy lawyer’s practice can be highly cyclical – actually, counter-cyclical. In the last 30 years or so we have seen a number of economic downturns – the bankruptcy boom...more
The Third Circuit’s decision in Spyglass Media Company v. Cohen has added to what is already a tangled web of cases dealing with the rights of licensees and licensors when one of them becomes a debtor in bankruptcy. In...more
COVID-19 has impacted an already shaky retail industry and pushed some of its participants into a rapid-fire series of bankruptcy filings. Although there was already a long list of prominent retail bankruptcies over the past...more
7/13/2020
/ Buyers ,
Cash On Demand (C.O.D.) ,
Chapter 11 ,
Commercial Bankruptcy ,
Contract Terms ,
Coronavirus/COVID-19 ,
Creditors ,
Pre-Bankruptcy Claims ,
Proof of Claims ,
Retailers ,
Risk Assessment ,
Risk Mitigation ,
Sellers ,
Shipping ,
Suppliers
Recent COVID-19-related orders from state and local authorities which restrict evictions raise important questions for commercial landlords and tenants. The relationship of these orders to a subsequent tenant bankruptcy is...more
4/16/2020
/ Assignments ,
Commercial Bankruptcy ,
Commercial Tenants ,
Coronavirus/COVID-19 ,
Emergency Rule ,
Eviction ,
Landlords ,
Moratorium ,
Non-Assignment Clauses ,
Relief Measures ,
Unlawful Detainer
On July 30, 2015, Relativity Media, along with 144 of its affiliates, filed a Chapter 11 bankruptcy. The multi-million dollar entertainment company, which produced films such as The Social Network, The Fighter, Limitless,...more
The economy is humming along and bankruptcy filings are at historic lows. Nevertheless, a recent trend in retail may suggest that the times, they are a changing....more
Buying distressed assets is big business. Many distressed assets are acquired through the seller’s Chapter 11 bankruptcy case. In those instances, a buyer will enter into a purchase and sale agreement with the...more
Over the years, clients have sought my advice after they have obtained a judgment against a limited liability company or a corporation, and after they have tried, without success, to collect on that judgment. All of the...more