Section 365(b)(3) of the Bankruptcy Code provides special protections for landlords of shopping center leases, which often come into play when a tenant-debtor selling its assets seeks to assume and assign a lease to a...more
10/31/2025
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Commercial Leases ,
Creditors ,
Debtors ,
Landlords ,
Rental Property ,
Section 365 ,
Shopping Malls
When a commercial tenant files for bankruptcy, it can present a complex array of challenges for a landlord. This article will provide insight into the implications of a tenant’s bankruptcy for a landlord, and how the landlord...more
For a lessee of commercial real property, a landlord’s Chapter 11 filing may raise questions about the status of the lease and the tenant’s rights in the bankruptcy. While the Bankruptcy Code provides the debtor landlord with...more
When a company files for bankruptcy, it can be an unsettling time for the company's employees who may worry about job and financial security, including unpaid wages and employee benefits. While these concerns are legitimate,...more
8/22/2025
/ Bankruptcy Code ,
Bankruptcy Court ,
Bankruptcy Trustees ,
Chapter 11 ,
Chapter 7 ,
Commercial Bankruptcy ,
Creditors ,
Debtors ,
Employees ,
Employer Liability Issues ,
Unpaid Wages ,
Wage and Hour
An employer’s bankruptcy filing can significantly impact an employee’s agreements with the debtor. While a reorganizing debtor may agree to continue honoring its obligations under employment agreements, the Bankruptcy Code...more
The Bankruptcy Code provides that a debtor may voluntarily convert its case from Chapter 11 to Chapter 7 unless a Chapter 11 trustee has been appointed, the case was commenced involuntarily, or the case had previously been...more
Consignments may be governed by either common law or Article 9 of the Uniform Commercial Code, the latter of which requires the consignor to comply with various procedures in order to perfect its security interest in the...more
A Chapter 11 bankruptcy is often called “reorganization bankruptcy” and is typically used to preserve and maximize the going concern value of the debtor’s business. The life cycle of a Chapter 11 bankruptcy case can be...more
A Chapter 11 bankruptcy is often called “reorganization bankruptcy” and is typically used to preserve and maximize the going concern value of the debtor’s business. The life cycle of a Chapter 11 bankruptcy case can be...more
The essence of a Chapter 7 business bankruptcy is the orderly liquidation of the business debtor’s assets by a bankruptcy trustee and the distribution of funds to creditors.
Troutman Pepper Locke's Creditor’s Rights...more
A receivership is an equitable remedy in which an independent third party is appointed by a court to manage and preserve a company’s assets. Though bankruptcy and receiverships are similar, there are significant differences...more
5/9/2025
/ Bankruptcy Code ,
Bankruptcy Court ,
Commercial Bankruptcy ,
Corporate Restructuring ,
Creditors ,
Debt Restructuring ,
Debtors ,
Insolvency ,
Liquidation ,
Receivership ,
Reorganizations
For a debtor in financial distress, having the right team in place to steward the company through a restructuring can mean the difference between success and failure. To incentivize top talent to stay with the debtor and...more
4/25/2025
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Compensation & Benefits ,
Creditors ,
Debtors ,
Employee Incentive Plans ,
Employee Retention ,
Executive Retention Plans ,
Section 363 ,
Section 503
Over the past several days, Locke Lord LLP has closely followed the closures of Silicon Valley Bank in Santa Clara, California (“SVB”) and New York based Signature Bank, as well as the ensuing volatility experienced by many...more