Delaware District Court Rules that the Final Bid at Auction and not the Lender’s Credit Bid Determines the Amount of the Lender’s Allowed Secured Claim
The United States District Court for the District of Delaware recently upheld the Bankruptcy Court’s finding that a lender’s credit bid does not determine the…
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Illinois Bankruptcy Court Finds that Force Majeure Clause in a Lease was Triggered by Shutdown Order Due to COVID-19
Continuing on our previous client update regarding changes in bankruptcy rulings due to the COVID-19 pandemic, we analyze the recent Illinois Bankruptcy decision Hitz Restaurant…
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Debtors Not Required to Engage in Current Business Activities to be Eligible for Chapter 11 Relief Under Small Business Recovery Act
Continuing on our previous client update regarding changes to the Small Business Recovery Act (“SBRA”) imposed by the CARES Act, in a small business debtor’s…
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New Jersey Subcontractors Beware – The Filing of a Lien After Bankruptcy May Spell Trouble.
With Hollister Construction’s recent filing of its Chapter 11 bankruptcy case in New Jersey, the United States Bankruptcy Court for the District of New Jersey…
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To Use a Standard Form Construction Contract, or Not to Use: That is the Question
When a client is getting ready to embark on a construction or renovation project, whether as the owner or as a contractor, the question often…
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How Purchasers and Guarantors May Transfer Risk with an Indemnity Agreement
As a purchaser or a loan guarantor, you may be faced with the challenge of how to protect yourself against real risks while achieving your…
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Choosing the Project Delivery Method that Works for You
If you own or manage commercial real estate, you’ll have a daunting decision to make when the time comes to build out your space or…
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Tips to Dodge a Loan Default and Gain Control of Default Provisions
Your position as a borrower is at times like a dodgeball player. You sometimes struggle to avoid getting knocked out by the flying ball (aka…
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A.Y. Strauss
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