ABI Talks (2020 Mid-Atlantic Virtual Bankruptcy Workshop)
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365
New World Orders: Post-COVID Practice
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The Small Business Reorganization Act of 2019
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Judicial Merry-Go-Round
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Force Majeure Clause Cut an Illinois Debtor’s Rent by 75%
Chicago judge cut rent by 75% after governor prohibited on-premises dining in the debtor’s restaurant.
Eleventh Circuit Holds that a Chapter 13 Plan Alone Can’t Assume a Lease or Contract
In the first court of appeals decision on the topic, the Eleventh Circuit holds that the chapter 13 trustee alone has power to assume a lease or contract.
Court:
Statutory Basis Explained for Deferring Rent in Response to the Coronavirus
Section 365(d)(3) doesn’t contain a remedy for failure to pay rent on time, Judge Huennekens says.
Executory Contract Was Deemed Rejected Even Though Not Scheduled as Executory
For the Eleventh Circuit, scheduling the unsecured claim resulted in automatic rejection even though the contract was not scheduled as executory.
Court:
Split Ninth Circuit Permits Extending a Statutory Deadline After It Expires
Majority on Ninth Circuit panel believe that having previously extended a deadline allowed the invocation of “excusable neglect” to extend the deadline again after it expired.
Court:
District Court Strictly Enforces ‘Adequate Assurance’ Standards for Shopping Centers
District court reverses and bars Sears from assigning Mall of America lease.