Brett S Theisen

Brett S Theisen

September 17, 2021 | New York Law Journal

Subchapter V Bankruptcy for Middle Market Debtors

Despite its formal name—the Small Business Reorganization Act—the statute colloquially known as "Subchapter V" may offer a streamlined reorganization vehicle for some middle market companies.

By Brett S. Theisen and Natasha Songonuga

8 minute read

January 27, 2021 | New Jersey Law Journal

PPP Loan Liability and Bankruptcy: Proceed with Caution

Borrowers should carefully assess the accuracy of their loan applications, as well as the evidence of supporting documentation, prior to filing petitions for bankruptcy relief.

By Brett S. Theisen, Mark Conlan and Conor D. McMullan

7 minute read

September 18, 2020 | New York Law Journal

Rent Deferments Challenge Landlords' Statutory Protections in Chapter 11

Beginning with Pier 1 and Modell's, some bankruptcy courts in retail Chapter 11 cases have been allowing debtors to suspend post-petition rent payments to their landlords, in contravention of the generally-accepted practice that such payments must continue to be made. Given the $3 trillion commercial mortgage market, this issue is of critical importance to landlords and banks.

By Brett S. Theisen and Mark B. Conlan

8 minute read