Two recent bankruptcy court decisions reflect a split of authority on subchapter V eligibility.
In re Macedon Consulting Inc. finds that all future amounts due under an unexpired lease qualify as “noncontingent and...more
3/13/2024
/ Bankruptcy Code ,
Bankruptcy Court ,
Business Ownership ,
Chapter 11 ,
Commercial Leases ,
Debt Collection ,
Investors ,
Landlords ,
Liability ,
Liquidity ,
Reorganizations ,
Small Business ,
Small Business Reorganization Act of 2019 (SBRA)
While the recent Bankruptcy Code amendments allow small business debtors to extend their deferral of lease obligations beyond the first 60 days of the bankruptcy case, the amendments raise and leave unanswered important...more
1/27/2021
/ Bankruptcy Code ,
Bifurcation ,
CARES Act ,
Chapter 11 ,
Commercial Leases ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Debtors ,
New Amendments ,
Small Business ,
Small Business Reorganization Act of 2019 (SBRA)
A recent Chuck E. Cheese decision rejects the debtor’s/tenant’s request to avoid paying rent based upon state law equity arguments.
CEC’s leases expressly do not permit rent relief even if force majeure is triggered....more
A recent Chuck E. Cheese decision denies the debtor’s/tenant’s request to defer paying rent after the 60-day “rent holiday.”
The Bankruptcy Court applied the “plain language” rule to hold that section 365(d)(3)’s rent...more