News & Analysis as of

Automatic Stay Commercial Bankruptcy Section 362

International Lawyers Network

Bankruptcy Proceedings in the United States (Updated)

General Overview of the Primary Protection Granted to a Debtor Under the United States Bankruptcy Code - The United States Bankruptcy Code, through its various chapters, governs bankruptcy and reorganization for...more

Stark & Stark

What to do When Your Franchisee Files for Bankruptcy

Stark & Stark on

With the economic downturn caused by COVID-19, many expected a tidal wave of commercial bankruptcy filings. After an initial spike of retail bankruptcy cases at the outset of the pandemic, the onslaught of bankruptcy has not...more

McGlinchey Stafford

Florida Real Property And Business Litigation Report, Volume 14, Issue 3

McGlinchey Stafford on

City of Chicago v. Fulton, Case No. 19–357 (2021). The mere retention of estate property after the filing of a bankruptcy petition does not violate the automatic stay under 11 U.S.C. §362(a)(3) of the Bankruptcy Code. ...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Chicago v. Fulton

On January 14, 2021, the U.S. Supreme Court decided Chicago v. Fulton, holding that mere retention of a debtor’s property after the filing of a bankruptcy petition does not violate the automatic stay provided by §362(a) of...more

Farella Braun + Martel LLP

What to Do When Commercial Leases End Up in Bankruptcy

The COVID-19 pandemic is forcing many businesses to close, leaving landlords in the lurch. The COVID-19 pandemic continues to shake up the nation’s economy. Long-standing companies such as JC Penney, J. Crew, Neiman...more

Dechert LLP

Does “Act” Mean Also a Failure to Act?

Dechert LLP on

No, says the U.S. Court of Appeals for the Tenth Circuit in In re Cowen, adopting the minority rule and parting ways with four other Courts of Appeals. The automatic stay provision of the Bankruptcy Code addressed in Cowen...more

Kelley Drye & Warren LLP

Energy Future Holdings – More Bad News for Bondholders on Make-Whole Premiums

Make-whole premiums are often used in connection with the issuance of debt in order to protect noteholders with long term investment horizons from being repaid early. At the time of the bankruptcy filing of EFH in April 2014,...more

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