New York Sports Clubs Owner Files for Bankruptcy on Coronavirus Hit
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Executory Contracts/Leases
Chuck E. Cheese Seeks Reduced Rent While Landlord Talks Continue
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Saks Faces Eviction in Miami Over $1.9 Million in Unpaid Rent
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Retail Landlords Offer Pandemic Clauses in New Leases
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Impatient Landlords Say No Way to Giving Ascena a Break on Rent
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Second Circuit Holds that Flip Clauses in Swaps Are Enforceable
Even if flip clauses are ipso facto clauses, the Second Circuit holds that enforcement is permitted by the safe harbor in Section 560.
Court:
Worried Lenders Pounce on Landlords Unable to Pay Their Loans
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Two Circuits Agree: Coal Act Doesn’t Bar Terminating Retiree Benefits via Section 1114
Fifth Circuit declines to create a circuit split on the ability of a coal producer to sell assets and protect the buyer from liability for retiree health benefits under the Coal Act.
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Ninth Circuit Says Assumption Under Section 365(p) Doesn’t Also Require Reaffirmation
Lease assumption is binding even if the debtor doesn’t follow the procedural requirements of Section 365(p).
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Sixth Circuit Broadly Interprets Section 959(b) to Cover State Pension Plans
A split panel on the Sixth Circuit held that Section 959(b) barred the debtor from halting participation in a state employees’ pension plan.
Court: