bankruptcy – Business Reorganization and Financial Restructuring

February 3, 2025February 12, 2025 by Duane Morris

Bankruptcy Court Finds Open Market Purchase Faulty Under Credit Agreement

In In re Serta Simmons Bedding, L.L.C., No. 23-20181, 2024 WL 5250365 (5th Cir. Jan. 21, 2025), as revised (Jan. 21, 2025), the Fifth Circuit Court of Appeals held that the controversial “uptier transaction” undertaken by Serta Simmons Bedding and affiliates in 2020 did not qualify as an “open market purchase” under the terms of its credit agreement, and thus was not permitted. The Fifth Circuit remanded certain aspects of the case back to the U.S. Bankruptcy Court for the Southern District of Texas.

Read the Alert on the Duane Morris LLP website.

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.