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Property Owners › Chapter 11

Eversheds Sutherland (US) LLP

When “preserving value” isn’t enough: what Broadway Realty teaches about lender rights in bankruptcy

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A recent decision from the US Bankruptcy Court for the Southern District of New York has drawn a sharp line for real estate owners seeking to use lender cash in bankruptcy.1 In denying Broadway Realty’s motion to access...more

Patterson Belknap Webb & Tyler LLP

Court Orders Removal of Couple from Upper East Side Mansion

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While the bankruptcy world’s eyes are locked on the genetic code up for auction in 23andMe’s chapter 11 proceedings, we are also focused on a more old fashioned asset: New York City real estate. 19 East 75th Street (the...more

Roetzel & Andress

The Eleventh Circuit Decides That Chapter 11 Debtors In Possession Cannot Receive Loans Under The Paycheck Protection Program...

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As many property owners and business operators continue to face the economic malaise associated with government shutdown orders, a decline in foot traffic in many of the traditional brick and mortar businesses, and a slow...more

Patterson Belknap Webb & Tyler LLP

The Best Laid Plans: How a Proposed Sale of NYC Real Estate Under Section 363 of the Bankruptcy Code Went Awry

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There are several ways in which property owners can advantageously use the Bankruptcy Code to effectuate strategic dispositions of assets. But the bankruptcy process can be fraught with uncertainty that can upend the best...more

Lowenstein Sandler LLP

A Mortgage Loan Documentation Pitfall

Lowenstein Sandler LLP on

A consequence of the COVID-19 pandemic is that many companies are unable to operate their businesses partially or completely. As a result, they have been compelled to seek relief from their landlords, vendors and lenders. ...more

Nossaman LLP

Federal Bankruptcy Court Denies PG&E’s Attempt to Set Aside Inverse Condemnation Liability

Nossaman LLP on

On November 27, 2019, U.S. Bankruptcy Judge Dennis Montali issued a Memorandum Decision on Inverse Condemnation (“Memorandum Decision”) in PG&E Corporation and Pacific Gas & Electric’s (together, “PG&E”) Chapter 11 Bankruptcy...more

Patterson Belknap Webb & Tyler LLP

Deal With It: Section 1141(c) May Apply to Property not Identified in a Disclosure Statement

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Under Section 1141(c) of the Bankruptcy Code, property “dealt with” in a confirmed plan is free and clear of the claims and interests of creditors, provided the holder of the claim or interest participated in the bankruptcy...more

Greenberg Glusker LLP

The Ninth Circuit Loosens the Cap on Landlord Damages in In re Kupfer

Greenberg Glusker LLP on

Any property owner which has experienced the bankruptcy of a tenant is doubtless keenly aware of the limitation on damages which the Bankruptcy Code imposes on the landlord. A new decision by the Ninth Circuit bolsters the...more

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