Second Circuit Performs ‘Lease or No Lease’

In a latest determination, the U.S. Courtroom of Appeals for the Second Circuit tackled the problem of distinguishing true leases from financing preparations in chapter proceedings. The case revolved round whether or not a shopping mall lease was a bona fide lease or a disguised financing association. Try this expertly drafted article discussing the choice. Learn now » Associated Content material Assumption, Task, and Rejection of Executory Contracts Learn in regards to the necessities for assuming, assigning, and rejecting executory contracts and unexpired leases underneath Part 365 of the Chapter Code. Chapter Dangers for Lessors of Tools and Different Private Property Try this dialogue of the dangers to lessors of private property when the lessee recordsdata a petition for reduction underneath the Chapter Code, together with the chance of lease recharacterization. Sale Leaseback of Actual Property and Chapter Recharacterization See this apply word on the therapy of sale-leaseback transactions of actual property in chapter, together with an evaluation of recharacterization of leases into secured financings. Chapter Dangers to Landlord When Tenant Recordsdata a Chapter Case Be taught in regards to the dangers to the owner when a tenant recordsdata for chapter, together with the chance of recharacterization. Retail Business Chapter Useful resource Package Use this useful resource package to entry Sensible Steerage supplies on representing events in a Chapter 11 retail chapter case, together with detailed apply notes, templates, and checklists. Sensible Steerage Updates That includes the newest updates out of your Sensible Steerage account. Third-Social gathering Launch Tracker (Put up-Purdue Pharma) – Maintain observe of how courts are treating third-party releases for the reason that Supreme Courtroom issued the Purdue Pharma determination DIP Financing Key Phrases Tracker – Evaluate the important thing phrases of over 25 DIPs! Mega Chapter 11 Filings Tracker (2024 to Current) – Keep updated with new Mega filings DIP Financing Curiosity Charge Tracker – Evaluate the rates of interest of over 25 DIPs in an easy-to-use chart. DIP Financing Charge Tracker – Evaluate the charges of over 25 DIPs in an easy-to-use chart. Subchapter V Choice Tracker – Maintain updated on key authorized developments! Regulation Agency Charges Tracker (Debtor Professionals Mega Bankruptcies) – Evaluate the charges of over 50 regulation companies. Debtor Professionals Mega Tracker – Try the debtor professionals retained in over 70 mega Chapter 11 circumstances. New! 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