General – Business Reorganization and Financial Restructuring

February 9, 2022February 28, 2022 by Duane Morris

Section 502(b)(6): A Ceiling, Not a Method for Calculating Actual Damages

Skip DiMass and Diane Kim wrote for The Legal Intelligencer on commercial leases and the damage calculation in the bankruptcy process.

In In re East Penn Children’s Learning Academy, (Bankr. E.D. Pa. Dec. 3, 2020), the U.S. Bankruptcy Court for the Eastern District of Pennsylvania made clear that Section 502(b)(6) of the Bankruptcy Code provides a statutory limitation—rather than a formula for the calculation—of a landlord’s actual damages in the event of its tenant’s breach.

To read the full article, please visit the Duane Morris LLP website.

December 23, 2021February 28, 2022 by Duane Morris

In Bankruptcy, Rejection of Prepetition Contracts Is Not Automatic

Skip DiMassa and Malcolm Bates wrote for The Legal Intelligencer on debtors’ contractual obligations.

In In re Brick House Properties, Bk. No. 20-26250, (Bankr. D. Utah June 11, 2021), the U.S. States Bankruptcy Court for the District of Utah denied a debtor’s motion to reject its prepetition contract for the sale of real property under Section 365 of the Bankruptcy Code. The bankruptcy court found that because the debtor was already subject to a state court-specific performance order compelling it to take the ancillary steps necessary to close the sale, the contract was no longer executory and could not be rejected.

To read the full article, please visit the Duane Morris LLP website.

June 24, 2021 by Duane Morris

Can Cannabis Multi-State Operators Seek Chapter 15?

Duane Morris partner Jarret P. Hitchings authored the INSOL World journal article, “Is Chapter 15 Available to a Cannabis MSO? In the Face of Uncertainty, Tread Lightly.”

On 31 March 2021, the State of New York legalized the use, possession, and growth of cannabis by adults. Within the United States, cannabis is now legal in 16 states including Washington D.C., with legalization taking effect in two more states, Virginia and New Mexico, later this year. This state-level trend toward legalization in the United States continues even though cannabis remains illegal at the federal level. However, in Canada, cannabis has been legal at both the federal and provincial levels since 2018.

To read the full article, please visit the Duane Morris website.