April 15, 2021 | The Legal Intelligencer
Landlord Denied Administrative Claim for Bankrupt Tenant's Removal of PropertyToday we review a dispute where yet another retailer filed Chapter 11 cases and conducted liquidation sales across multiple locations under the supervision of the bankruptcy court, which entered orders authorizing procedures for the sales and rejecting the underlying leases.
By Andrew C. Kassner and Joseph N. Argentina Jr.
9 minute read
March 01, 2021 | The Legal Intelligencer
Bankruptcy Court Declines to Decide Whether Pa. COVID Measures UnconstitutionalHow the United States reacted and responded to the pandemic will be the subject of analysis and opinions for generations to come.
By Andrew C. Kassner and Joseph N. Argentina Jr.
8 minute read
January 07, 2021 | The Legal Intelligencer
Court Explains 'Less Bad' Alternative Outcome in Dismissal of Chapter 11 CaseThe 2020 pandemic and resulting economic upheaval has left many sectors of the economy— and employees and others who depend on them—in distress. Others have navigated the current environment better than expected.
By Andrew C. Kassner and Joseph N. Argentina Jr.
9 minute read
December 04, 2020 | The Legal Intelligencer
Court Determines Attorney-Client Privilege Retained by Reorganized DebtorOne of the most misunderstood areas of law for nonbankruptcy and bankruptcy attorneys alike is the attorney-client privilege, including the scope of the privilege, who holds it, and when and by whom it can be waived. As is often the case, in bankruptcy additional complexities arise.
By Andrew C. Kassner and Joseph N. Argentina Jr.
8 minute read
October 15, 2020 | The Legal Intelligencer
Straddle Year Federal Income Taxes Entitled to Administrative Priority in BankruptcyWhere tax liabilities are involved, one can anticipate tension between bankruptcy policy objectives and federal tax policy. So when does a tax liability claim arise in a bankruptcy case?
By Andrew C. Kassner and Joseph N. Argentina Jr.
7 minute read
July 09, 2020 | The Legal Intelligencer
Bankrupt Debtors Fight for PPP Lifeline in COVID-19 EraToday we examine another provision of the code—Section 525—the anti-discrimination section, and its implications during COVID-19.
By Andrew C. Kassner and Joseph N. Argentina Jr.
11 minute read
June 03, 2020 | The Legal Intelligencer
Pandemic Justifies Deferral of Post-Petition Retail Rent PaymentsThe long term implications of the pandemic caused by COVID-19 and the resulting unprecedented drastic actions by state and municipal governmental entities in issuing "stay at home" and "shelter in place" orders has yet to be determined, but the short term effects are unfolding each day.
By Andrew C. Kassner and Joseph N. Argentina Jr.
7 minute read
April 16, 2020 | The Legal Intelligencer
Personal Guaranty of Commercial Lease Held Discharged in Guarantor's BankruptcyAs we work remotely and prepare for the anticipated increase in bankruptcy filings caused by the COVID-19 pandemic impact on the economy, many practitioners are trying to compare this cycle to cycles past, going back all the way to the savings and loan crisis of the late 1980s.
By Andrew C. Kassner and Joseph N. Argentina Jr.
7 minute read
March 03, 2020 | The Legal Intelligencer
Discovery Rule Extends Fraudulent Transfer Look-Back PeriodAs we all know, understanding the applicable statute of limitations for bringing a claim is of critical importance. When bankruptcy is involved, the typical result under state law can be affected by a bankruptcy filing.
By Andrew C. Kassner and Joseph N. Argentina Jr.
7 minute read
January 06, 2020 | The Legal Intelligencer
Sixth Circuit Considers Rejection of a Filed Power Purchase AgreementThe provisions of the Bankruptcy Code sometimes conflict with other federal laws and regulations. A debtor that operates in a highly regulated industry often faces additional hurdles in administering its bankruptcy case that would be routine in other Chapter 11 proceedings.
By Andrew C. Kassner and Joseph N. Argentina Jr.
8 minute read
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