Practical perspectives for contemporary legal challenges.
When tenant debtors continue to use leased space after filing for bankruptcy, they, by definition, benefit from such use. Landlords often hold off on pressing available remedies because of the debtor’s continued use and failure to reject. The TRP Brands decision confirms that tenant debtors cannot have it both ways: post‑petition use induces landlord reliance, constitutes a …
Continue reading “You Use It, You Pay for It: TRP Brands Reinforces Landlord Rights”
While Chapter 11 does not require debtor insolvency, it does require good faith (applicable to the petition and the plan), which for solvent debtors seeking to reject and modify lease-counterparty rights, includes establishing some level of financial distress susceptible to resolution through the plan process. Key takeaways While Chapter 11 does not require insolvency, it …
Continue reading “Colorado Bankruptcy Court Pushes Back on Chapter 11 Filings by Solvent Debtors”
On January 16, 2026, the Federal Trade Commission (“FTC”) published to the Federal Register the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”) merger-reporting thresholds for 2026. Each year, the FTC is required to adjust the thresholds under the HSR Act to correspond with changes in gross national product. The thresholds for 2026 will increase …
Continue reading “2026 FTC Updates to HSR and Clayton Act Threshold”