Executory Contracts/Leases

District Court Upholds the ‘Time Approach’ to Reduce Landlords’ Claims

Across the board, the district court affirmed a decision by Bankruptcy Judge Michael Wiles that minimized landlords’ claims resulting from lease termination or rejection.

How to Work With Outside Appraisers

Valuation of assets, machinery and equipment, is an important part of the bankruptcy process. Monetization of assets, securing of creditor rights depends on accurate valuation of assets, and this session will detail how to find, retain, and manage outside appraisers to properly value the assets. Learn how to effectively and efficiently manage the valuation/appraisal process to maximize recoveries and provide accurate asset valuation. Creditor Suggested Speakers Christopher Nugent chris.nugent@bcamasset.com Bluechip Asset Management

Fifth Circuit: MOAC Didn’t Weaken Section 363(m) on Statutory Mootness for Sales

The Fifth Circuit used Section 363(m) to avoid ruling on equitable mootness following consummation of a chapter 11 plan.

Landlord and Tenant Clashes in Subchapter V: Unexpired Lease Obligations Affecting Eligibility to Elect Subchapter V Treatment

Since its inception, subchapter V of chapter 11 has been lauded for providing a streamlined path through chapter 11 for smaller chapter 11 debtors without many of the costs associated with “traditional” chapter 11 cases. But before a debtor can elect subchapter V treatment and take advantage of these benefits, the debtor must have less than $7.5 million in total noncontingent, liquidated debts (both secured and unsecured).

Re-“Envision”ing the Intersection of the Code and Delaware LLC Law

April 2024