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Blog | DelCotto Law Group

Deadlines for Assuming Nonresidential Leases In Chapter 11 Bankruptcy

August 11, 2015
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Section 365 (a) of the Bankruptcy Code provides, in relevant part, that a debtor in possession may, subject to the Court’s approval, “assume or reject any unexpired lease or executory contract of the debtor.”  11 U.S.C. § 365(a).  If that unexpired lease is a lease […]

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Mr. Griffith Takes Delaware

Professor Takes Frustration with Merger Lawsuits to Court

August 4, 2015
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Shout Out to Fordham Law Professor Sean Griffith who applied action to his teaching of  mergers and acquisitions.

The legal system is far from perfect. It often feels to me that it has gotten worse over the last decade or so, as the reces-

sion combined with the […]

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Administrative Expense Claims, bankruptcy, sixth circuit, court

Sixth Circuit: Administrative Expense Claims Standard

July 28, 2015
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By requesting payment of an administrative expense claim, the movant has the burden of proof and must demonstrate that the expenses were “reasonable, necessary and benefited the estate.” In re Cook & Sons Mining, Inc., 2005 U.S. Dist. LEXIS 21615 (E.D. Ky. Sept. 28, 2005). The […]

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automatic stay, exceptions, police power, government

Automatic Stay: Police Power Exception

July 16, 2015
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Police or Regulatory Power Exception to Automatic Stay

The automatic stay is one of the fundamental debtor protections provided by the bankruptcy laws.   It permits the debtor to attempt a repayment or reorganization plan, or simply to be relieved of the financial pressures that drove it […]

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