Business Reorganization

Judge Kahn Finds No Constitutional Infirmities in Applying the SBRA Retroactively

Because the SBRA’s foundation is chapter 11, the new statute may be applied constitutionally to rights or property interests arising before enactment.

District Court Strictly Enforces ‘Adequate Assurance’ Standards for Shopping Centers

District court reverses and bars Sears from assigning Mall of America lease.

Bankruptcy Discharge Cuts Off Future Liability on a Guaranty

Courts are split on whether a personal guaranty survives bankruptcy.
Court: