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Materials listing for Section 365

What Happens When a Commercial Tenant Goes Bankrupt – An Overview

The bankruptcy of a tenant changes the landlord/tenant relationship – it changes the terms of the lease agreement, and it changes the law that governs it. »»

The Section 365 Contract Assumption Defense aka KIWI Defense to a Bankruptcy Preference Claim

One of the less frequently seen defenses to a bankruptcy preference is based on Section 365 of the Bankruptcy Code.  We believe that there are many more »»

GM Bankruptcy – Cure Costs Procedures Catastrophic Failures

Automotive suppliers can only hope that GM will make better cars than they do cure cost procedures.  Based on the cure cost objections (“Cure Cost Objections”) »»

Section 365 Bankruptcy Preference Defense – Overlooked, Underutilized

Feb. 19, 2009 – In an article entitled Section 365 Executory Contract Assumption Defense to a Bankruptcy Preference Claim, we discuss the absolute defense to a preference »»

GM Bankruptcy – Selective Cure List and Substantive Objections

There were approximately 479 objections filed by the June 15, 2009 deadline by suppliers and other trade creditors to GM’s proposed cure costs (click link to see »»

GM Bankruptcy – For Suppliers Chrysler Bankruptcy Lesson 1

(Update: Since the original post date we have added two additional posts on the GM Cure Cost Procedure and the Supplier Objections that were filed to »»

Fluid Routing Solutions’ Purchaser Takes Automakers Off List

We discussed in a prior post the completion of the auction and bankruptcy court approval of sale of assets to an affiliate of Fluid Routing Solutions.  Despite »»

Bashas’ Makes Good on Announced Plans to Shutter Fifteen Stores; What Does this Mean to Suppliers?

Prior to filing its bankruptcy reorganization proceedings on July 12, 2009, Bashas’ announced its intention to close unprofitable stores.  Bashas’ now has followed through and requested bankruptcy »»

Ritz Camera Centers Bankruptcy – Supplier Aspects

See the Ritz Camera Docsheet™ Report for subsequent developments in the Ritz Camera bankruptcy proceedings.

In a bankruptcy that may signal the opening of the 2009 floodgates of »»

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