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”