June 20, 2024 | Law.com
Guidance on the Enforceability of Lockup ProvisionsA recent decision from Chief Judge Glenn of the Southern District of New York Bankruptcy Court provides clarity to creditors and debtors alike in cases where the parties' settlement negotiations include an agreement requiring a creditor to support the debtor's Chapter 11 plan.
By Paul A. Rubin and Hanh V. Huynh
11 minute read
October 19, 2022 | New York Law Journal
The Impact of Amended RPAPL §749(3) on Commercial Tenant BankruptciesWith the deletion of just a few words from RPAPL §749(3), the 2019 amendment opens the door for tenant-debtors to assume leases even after a pre-bankruptcy warrant of eviction has been issued, without the need for the tenant to first vacate the warrant of eviction.
By Paul A. Rubin and Hanh V. Huynh
10 minute read
August 08, 2022 | Law.com
It May Not Be Too Late to Assume That LeaseGiven the potentially harsh consequence of failing to timely assume a vital lease, a Chapter 11 debtor must be vigilant to avoid a forfeiture. It is important to know, however, that all might not be lost even if the debtor misses this deadline.
By Paul A. Rubin and Hanh V. Huynh
11 minute read