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1 In Bankruptcy, a Lease Isn't Always a Lease
https://www.wardandsmith.com/articles/in-bankruptcy-a-lease-isnt-always-a-lease
The Bankruptcy Code distinguishes between a true lease and a secured transaction. With a true lease, the creditor owns the personal ...
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2 Equipment Leases in Bankruptcy: A Plan for Riding out the ...
https://www.chapman.com/publication-Equipment-Leases-in-Bankruptcy
Most equipment leases will provide that if a default exists and the lessee has not yet filed for bankruptcy, the lessor is permitted to ...
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3 Getting Paid in Bankruptcy – Part III, Landlords, Leases, and ...
https://www.jdsupra.com/legalnews/getting-paid-in-bankruptcy-part-iii-30203/
The Debtor has a 60-day grace period after filing bankruptcy, during which it can retain leased personal property without making any payments.
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4 Lease Defaults and Restructuring ... - American Bar Association
https://www.americanbar.org/groups/business_law/publications/blt/2021/02/lease-defaults-restructuring/
In connection with its bankruptcy case, a tenant can make one of three elections with respect to its unexpired leases, subject to the approval ...
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5 Treatment of Commercial Leases in Bankruptcy - Jimerson Birr
https://www.jimersonfirm.com/blog/2020/04/commercial-leases-bankruptcy/
If a lease has expired or been properly terminated prior to the bankruptcy filing, then there is nothing for the debtor tenant to assume or ...
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6 Operating Leases - Covering Credit
https://www.coveringcredit.com/business_credit_articles/Credit_Risk_Analysis/art451.shtml
If the bankruptcy court accepts the operating lease contract, all past due amounts will be brought current. If the contract is rejected, they could provide the ...
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7 Operating Leases as Debt - NYU Stern
https://pages.stern.nyu.edu/~adamodar/New_Home_Page/articles/opleaseasdebt.htm
US Airways Group Inc., which recently filed for Chapter 11 bankruptcy protection, showed only $3.15 billion in long-term debt on its most recently audited ...
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8 What Happens to Unexpired Leases in Bankruptcy?
https://www.langleybanack.com/happens-unexpired-leases-bankruptcy/
When a lease is rejected, the damages are the lease payments that would have been received but they are statutorily limited to the lesser one year of payments ...
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9 BANKRUPTCY 101 FOR EQUIPMENT LEASING ...
https://www.sfgh.com/siteFiles/News/Bankruptcy101Paper.pdf
STRUCTURE OF THE U.S. BANKRUPTCY CODE . ... Use, Sale, or Lease of Property. ... operating under its restructured lease during the bankruptcy case. As a.
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10 Bankruptcy 101: Lease Assumption, Assignment, and Rejection
https://www.nelsonmullins.com/idea_exchange/blogs/the_bankruptcy_protector/bankruptcy-101/bankruptcy-101-lease-assumption-assignment-and-rejection
Assumption of a lease in chapter 11 allows for the lease to remain ongoing throughout the life of the bankruptcy case.
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11 Bankruptcy Risks for Personal Property Lessors
https://www.blankrome.com/sites/default/files/2020-10/bankruptcy_risks_for_personal_property_lessors.pdf
Bankruptcy Code. Equipment leases generally qualify as executory contracts ... debtors also may want the benefit of operating under its restructured lease ...
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12 Structuring and Practice for Aircraft Leases to Prevent Lease ...
https://katten.com/structuring-and-practice-for-aircraft-leases-to-prevent-lease-payments-from-being-clawed-back-in-a-lessee-bankruptcy
The risk that prepetition lease payments made by a lessee that is a debtor in a US bankruptcy will be clawed back from an aircraft lessor ...
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13 Should You Include Operating Leases In Your Analysis?
https://seekingalpha.com/article/4037568-should-you-include-operating-leases-in-your-analysis
This way, the landlord can continue collecting lease payments, if the court approves his/her request. Under the chapter 7 bankruptcy, the court ...
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14 Why Bankruptcy Should Matter in Lease Accounting - CFO
https://www.cfo.com/accounting-tax/cash-flow/2012/05/why-bankruptcy-should-matter-in-lease-accounting/
That same kind of thinking, industry participants say, should be applied when capitalizing operating leases, those leases that transfer the ...
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15 11 U.S. Code § 365 - Executory contracts and unexpired leases
https://www.law.cornell.edu/uscode/text/11/365
the insolvency or financial condition of the debtor at any time before the ... that the financial condition and operating performance of the proposed ...
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16 Capital Leases in Bankruptcies - A Lesson from Xchange ...
https://delawarebankruptcy.foxrothschild.com/2015/01/articles/opinions/capital-leases-in-bankruptcies-a-lesson-from-xchange-technology-group/
In a 9-page opinion released December 30, 2014 in the Xchange Technology Group bankruptcy (Bank. D. Del. 13-12809), Judge Gross provides a ...
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17 Chapter 11 - Bankruptcy Basics | United States Courts
https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-11-bankruptcy-basics
The debtor in possession may use, sell, or lease property of the estate in the ordinary course of its business, without prior approval, unless the court orders ...
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18 What happens to the lease payment if a tenant goes bankrupt?
https://www.nortonrosefulbright.com/en/knowledge/publications/7ccb1032/what-happens-to-the-lease-payment-if-a-tenant-goes-bankrupt
In most cases, the landlord is entitled to three months' rent in arrears. Once the commercial lease is terminated, the landlord may recover up to three months' ...
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19 Delaware Bankruptcy Court Denies Debtors the Ability to ...
https://www.jonesday.com/en/insights/2008/10/delaware-bankruptcy-court-denies-debtors-the-ability-to-assume-and-reject-individual-leases-under-a-master-lease-agreement
In almost all large chapter 11 cases where a debtor leases significant amounts of real property, the debtor's ability to assume or reject its unexpired ...
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20 NYU Stern Bankruptcy and Reorganization, Fall 2020
https://turnaround.org/sites/default/files/2.%20March%202021%20Runner%20Up%20Paper_Lessons%20from%20the%20Retail%20Industry%20-%20Impacting%20Factors%20of%20Default%20Prediction%20Model.pdf
As we see a few notable bankruptcies and the expanding gap between industry leaders and ... The new requirements mean that operating leases—that is, leases.
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21 Bankruptcy and Shopping Center Leases | Insights
https://www.hklaw.com/en/insights/publications/2000/03/bankruptcy-and-shopping-center-leases
Termination of a lease by a bankruptcy trustee causes the collateral that the leasehold mortgage encumbers to simply vanish. If the collateral is a shopping ...
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22 In Chapter 11 Bankruptcy, Debtor Can Assume or Reject Lease
https://www.natlawreview.com/article/what-happens-to-my-lease-bankruptcy
Under the Bankruptcy Code, a Chapter 11 debtor can assume or reject an unexpired lease. There are conditions. First, assumption or rejection is ...
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23 A landlord's guide to bankruptcy - Otten Johnson
https://www.ottenjohnson.com/Templates/media/files/pdf/CREJ%20Landlords%20Guide%20to%20Bankruptcy%20pt%201%20by%20David%20Brennan%20032013.pdf
of a tenant's bankruptcy filing on each party's rights and obli- ... ant to assume its lease, the effect ... of the debtor's operations and.
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24 Operating Leases and Credit Assessments - ScholarlyCommons
https://repository.upenn.edu/cgi/viewcontent.cgi?article=1131&context=accounting_papers
H3b (Borrower bankruptcy risk and loan spreads): The relation between operating lease capitalization and bank assessment of credit risk, as represented by ...
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25 Key points for leasing companies joining bankruptcies as ...
https://law.asia/leasing-companies-bankruptcy-reorganisations/
After the lessee enters bankruptcy reorganisation, the lessor of the operating lease is often very concerned about whether the operating lease ...
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26 What Happens to a Commercial Lease if the Landlord Files ...
https://www.skofirm.com/publications/location-location-location-what-happens-to-a-commercial-lease-if-the-landlord-files-bankruptcy/
The goal of a chapter 11 could be liquidation or reorganization under a sale of assets, a “chapter 11 plan,” or both, approved by the Bankruptcy ...
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27 Assumption and Rejection of Leases in Chapter 11 Cases
https://www.shutts.com/news-Post-Bankruptcy-Issues-for-Commercial-Landlords-Assumption-and-Rejection-of-Leases-in-Chapter-11-Cases
Under section 365 of the Bankruptcy Code, a debtor may reject a lease or it may assume and then even assign the lease to a third party. The ...
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28 Dealing with Restaurant and Retail Leases in Bankruptcy
https://www.buchalter.com/publication/dealing-with-restaurant-and-retail-leases-in-bankruptcy/
Section 365 of the Bankruptcy Code deals with executory contracts and unexpired leases, and the heart of that section allows for the tenant debtor to assume ( ...
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29 What Changes to the Lease Accounting Standards Means for ...
https://www.marcumllp.com/insights/what-changes-to-the-lease-accounting-standards-means-for-business-valuation
If treating operating leases as debt, EBITDA should be computed by adding back related operating lease rent to arrive at EBITDAR. The following ...
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30 Treatment of Commercial Leases in Tenant Bankruptcy
https://www.fbm.com/publications/treatment-of-commercial-leases-in-tenant-bankruptcy-the-basics/
For landlords of commercial real estate, bankruptcies can have significant effects on their rights and remedies under their leases.
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31 Treatment of Lease Transactions under Insolvency and ...
https://vinodkothari.com/2022/01/treatment-of-lease-transactions-under-insolvency-and-bankruptcy-proceedings/
Hence, an operating lease is a contract that allows the lessor, as owner, to retain legal ownership of an asset but allows the lessee to enjoy ...
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32 Strategies to Understand and Mitigate Risks to Real Property ...
https://www.gibsondunn.com/wp-content/uploads/2022/02/WebcastSlides-Getting-Ready-for-the-Next-Cycle-Strategies-to-Understand-and-Mitigate-Risks-to-Real-Property-Leases-Interests-and-Rights-of-First-Refusal-10-FEB-2022.pdf
not soon go into bankruptcy and will provide operating and advertising ... lease obligations by a debtor-lessee in bankruptcy.
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33 Bankruptcy Issues for Landlords and Tenants
https://www.kirkland.com/siteFiles/kirkexp/publications/2381/Document1/Friedland_Bankruptcy%20Issues%20for%20Landlords.pdf
Bankruptcy Code §365 refers to. “unexpired leases.” Thus, in order to fall within the scope of this section, the transaction must be both a “lease” and. “ ...
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34 What Happens to Leases and Contracts in Chapter 7 ... - Nolo
https://www.nolo.com/legal-encyclopedia/what-happens-leases-contracts-chapter-7-bankruptcy.html
A trustee who assumes a lease or contract is generally substituting the bankruptcy estate for the debtor as the responsible party. But, most of the time, the ...
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35 What happens to a commercial lease in a business bankruptcy?
https://www.aspalaw.com/blog/2022/04/what-happens-to-a-commercial-lease-in-a-business-bankruptcy/
As an executory contract, your commercial lease is subject to specific rules in bankruptcy. You have to decide if you want to end your lease ...
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36 IS IT A LEASE OR A LOAN? WHY THE DIFFERENCE ...
https://www.linkedin.com/pulse/lease-loan-why-difference-matters-us-bankruptcy-courts-anthony-lamm
... Operating Lease (a “lease”). There are a number of pitfalls, however, when it comes to how bankruptcy courts treat loans versus leases.
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37 SAS Airlines' Bankruptcy Follows Months of a Showdown Over ...
https://airlineweekly.com/2022/07/sas-airlines-bankruptcy-follows-months-of-a-showdown-over-aircraft-leases/
Another 15 were financed under a Japanese operating lease with call option, or JOLCO, structure similar to a lease. Lease liabilities totaled ...
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38 Delaware Bankruptcy Court Decides Who Is Master of a ...
https://www.cadwalader.com/uploads/books/bbfa6b03596af192f00c4dc084a1dd08.pdf
Either multiple individuals or a single operating company (Opco) would operate the properties. Central to this structure is a lease by Propco to Opco of the ...
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39 Bankruptcy Costs and the Financial Leasing Decision - jstor
https://www.jstor.org/stable/3665737
cancellable operating leases for much of their construction equipment. Table 3 presents the lease ratios (LRA), calculated by dividing capitalized leases by ...
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40 Commercial Landlord Issues in Bankruptcy - Munsch Hardt
https://www.munsch.com/portalresource/lookup/wosid/cp-base-4-4732/overrideFile.name=/Commercial%20Landlord%20Issues%20in%20Bankruptcy.pdf
Bankruptcy cases involving leases are most likely to be filed under Chapter 7 (liquidation ... their business operations, as a "debtor-in-possession.".
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41 buying and selling oil & gas assets in bankruptcy cases
https://www.porterhedges.com/media/event/23_Buying_and_Selling_Oil_26_Gas_Assets_in_Bankruptcy_Cases.pdf
creditors holding at lease 2/3 in amount of claims). ... Sabine Oil & Gas Corp., Black Elk Energy Offshore Operations LLC,. 1 and ERG Resources.
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42 What Happens to Commercial Leases During Bankruptcy | 2021
https://www.winkandwink.com/what-happens-to-commercial-leases-when-filing-for-bankruptcy/
When you file bankruptcy, you'll need to decide what you want to do with the lease. Generally, your choices will be to assume or reject the lease. It is ...
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43 Lease Accounting Explained: New Standards, Lessee/Lessor ...
https://leasequery.com/blog/lease-accounting-explained/
Lease agreements where the lessor maintains ownership are operating leases. For operating leases, the lessor continues depreciating the leased ...
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44 Why Non-U.S. Air Carriers Avail Themselves of U.S. Chapter ...
https://blog.freshfields.us/post/102gllw/why-non-u-s-air-carriers-avail-themselves-of-u-s-chapter-11-to-reorganize
Nevertheless, Section 1110(b) of the U.S. Bankruptcy Code, which governs the treatment of operating leases for aircraft (as distinguished ...
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45 Lessor Rights in Retail Bankruptcy Cases - Pedersen & Houpt
https://www.pedersenhoupt.com/newsroom-alerts-60.html
A lessor may generally not demand rent, terminate a lease or enter the leased premises, once its tenant has filed bankruptcy. The Chapter 11 debtor will be ...
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46 Accounting for Leases Under ASC 842 - BDO USA
https://www.bdo.com/getattachment/0db642d6-458a-4af7-804d-341f615b81cc/attachment.aspx?ASSR_Accounting-for-Leases-Under-ASC-842_Chapter-8_Practice-Aid.pdf
Finance lease right-of-use assets in the same line item as operating lease ... are operating in nature and are generally treated differently in bankruptcy.
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47 What to Do When Commercial Leases End Up in Bankruptcy
https://www.naiop.org/en/Research-and-Publications/Magazine/2020/Winter-2020-2021/Finance/What-to-Do-When-Commercial-Leases-End-Up-in-Bankruptcy
The treatment of leases in bankruptcy is governed by the U.S. Bankruptcy Code. When a bankruptcy petition is filed, Section 362 of the code dictates that an “ ...
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48 New Bankruptcy Law May Impact Lessors and Lease Funders
https://skfinancelaw.com/new-bankruptcy-law-may-impact-lessors-and-lease-funders/
The most impactful aspect of Subchapter V for vehicle finance and leasing companies is that the debtor is not limited in modifying or cramming down motor ...
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49 E Pluribus Unum or Ex Uno Plures? Attempted ABS Master ...
https://www.mayerbrown.com/en/perspectives-events/blogs/2020/10/e-pluribus-unum-or-ex-uno-plures-attempted-abs-master-lease-rejection-in-the-hertz-bankruptcy
If upheld in bankruptcy, the ABS master lease structure would provide significant leverage to lenders and bondholders because, assuming that the ...
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50 Section 365 - Executory contracts and unexpired leases
https://usbankruptcycode.org/chapter-3/subchapter-iv-administrative-powers/section-365-executory-contracts-and-unexpired-leases/
(A) the insolvency or financial condition of the debtor at any time before the ... that the financial condition and operating performance of the proposed ...
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51 True Lease or Disguised Financing - Preti Flaherty
https://www.preti.com/content/uploads/2017/08/True-Lease-or-Disguised-Financing_Whats-the-Difference-and-Why-Should-You-Care.pdf
Whether an equipment lease is ultimately characterized as a true lease or a dis- guised financing after the lessee seeks bankruptcy protection determines ...
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52 Turnaround Topics - FTI Consulting
https://www.fticonsulting.com/~/media/Files/us-files/insights/articles/why-us-reorganization-hard.pdf
- Rent expense was multiplied by 8 for purposes of capitalizing operating leases, a common convention used by the rating agencies. - EBITDAR is EBITDA plus rent ...
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53 Can you end your commercial lease after filing for bankruptcy?
https://www.clmatty.com/blog/2021/09/can-you-end-your-commercial-lease-after-filing-for-bankruptcy/
When your business has higher operating expenses than revenue, you may eventually have to make a difficult decision. Filing for bankruptcy ...
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54 Hertz Misses Lease Payment, Prepares for Potential Bankruptcy
https://www.wsj.com/articles/hertz-misses-lease-payment-prepares-for-potential-bankruptcy-11588172258
Hertz Global Holdings is preparing for a possible bankruptcy filing after the rental-car company failed to make lease payments to preserve ...
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55 Bankruptcy in the Oil and Gas Industry - Stoel Rives LLP
https://www.stoel.com/getmedia/09e073fb-e076-48cf-ad8e-ee93443d1340/WCLI_Bankruptcy_Oil_Gas_Industry_Oct2015_Materials_1
Bankruptcy in the Oil and Gas Industry ... Granting of liens on oil and gas leases or other ... Joint Operating Agreements – Governed by § 365?
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56 Case 20-11218-MFW Doc 606-2 Filed 06/26/20 Page 1 of 21
https://structuredfinance.org/wp-content/uploads/2020/07/Dkt-606-2-Corrected-Amicus-Brief-00215847xB5CB3.pdf
MOTION OF PROPOSED AMICUS CURIAE STRUCTURED FINANCE ASSOCIATION ... If the Master Lease is divided in bankruptcy into multiple leases, ...
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57 commercial leases in bankruptcy - Saiber LLC
https://www.saiber.com/insights/publications/2015-10-01-commercial-leases-in-bankruptcy-national-business-institute/_res/id=Attachments/index=0/JMA-COMMERCIAL-LEASES-IN-BANKRUPTCY.pdf
The New Jersey Bankruptcy Court has concluded that a nonresidential lease ... and operating performance of the remaining tenant (whether the debtor or an ...
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58 Recent Case Law and the Newly Enacted Amendments to the ...
https://www.bradley.com/insights/publications/2021/01/recent-case-law-amendments-to-bankruptcy-code-may-enable-commercial-clients-to-get-rent-relief
Generally, a debtor operating in bankruptcy must timely perform all obligations under an unexpired lease of nonresidential real property.
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59 Bankruptcy 101: a primer for landlords facing tenant ...
https://www.sgrlaw.com/client-alerts/bankruptcy-101-a-primer-for-landlords-facing-tenant-bankruptcies/
In a Chapter 7 case, the trustee has 60 days (extendable to 120 days) to assume a commercial lease. The debtor may assume a lease either to ...
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60 Feeling Rejected by the Cap? Lease Rejection Damages ...
https://www.barclaydamon.com/alerts/feeling-rejected-by-the-cap-lease-rejection-damages-explained
Tenants filing for bankruptcy protection generally have the ability to reject their real property leases. This is akin to a termination and ...
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61 Treatment of Ground Lease in Bankruptcy of Ground Lessor ...
https://www.lawinsider.com/clause/treatment-of-ground-lease-in-bankruptcy-of-ground-lessor
Operating Lease (i) Each Borrower shall (a) promptly perform and observe all of the covenants required to be performed and observed by it under the ...
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62 Bankruptcy costs and the financial leasing decision - ProQuest
http://search.proquest.com/openview/d249c5b9b6052bd9dbb452254a5a86eb/1?pq-origsite=gscholar&cbl=48190
These results contradict traditional leasing theory. A study explains these results by recognizing the role bankruptcy costs play in the lease-borrow decision ...
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63 Bankruptcy Acquisitions - Grand/Sakwa Properties
https://www.grandsakwa.com/bankruptcy-acquisition/
Grand/Sakwa acquires fee simple real estate, operating businesses and other assets (e.g. such as operating leases and leasehold assets) out of “special ...
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64 Treatment of leases in a debt agreement
https://www.afsa.gov.au/resource-hub/treatment-leases-debt-agreement
The way leases are treated in a debt agreement depends on whether the lessee is in arrears (this means they have overdue lease payments). 1. If the lessee is in ...
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65 Bankruptcy: Transportation Industry Tracker | Practical Law
https://content.next.westlaw.com/practical-law/document/Iba4170318d3311e9adfea82903531a62/Bankruptcy-Transportation-Industry-Tracker?viewType=FullText&transitionType=Default&contextData=(sc.Default)
The airline filed for bankruptcy to implement a prepackaged plan of reorganization. It planned to restructure its financing and operating leases, reduce the ...
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66 Why Non-U.S. Air Carriers Avail Themselves of ... - Lexology
https://www.lexology.com/library/detail.aspx?g=50738456-54cc-45b8-afb1-c975e92c7093
Nevertheless, Section 1110(b) of the U.S. Bankruptcy Code, which governs the treatment of operating leases for aircraft (as distinguished ...
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67 Corporate Bankruptcy Prediction and the Impact of Leases
https://onlinelibrary.wiley.com/doi/pdf/10.1111/j.1468-5957.1986.tb00519.x
bankruptcy prediction was introduced by Elam (1975) and Altman (1976) ... operating lease not required to be capitalized.' Unfortunately, as reported by.
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68 Landlord Tenant Bankruptcy
https://www.ny-bankruptcy.com/landlord-tenant-bankruptcy-2
Among other things, under 11 U.S.C. Section 365(d)(4) of the Bankruptcy Code, if the Debtor wishes to retain in possession under the lease, it will seek ...
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69 Off-Balance Sheet (OBS) - Investopedia
https://www.investopedia.com/terms/o/off-balance-sheet-obs.asp
Like an operating lease, the company only lists the rental expenses on its balance sheet, while the asset itself is listed on the balance sheet of the owning ...
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70 Does Closing a Company Void Any Leases?
https://smallbusiness.chron.com/closing-company-void-leases-31659.html
If you are obligated to fulfill the contractual provisions of a lease but cannot afford to make the remainder of your lease payments, business bankruptcy ...
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71 Rent deferrals in bankruptcy during the COVID-19 pandemic
https://www.dlapiper.com/en/us/insights/publications/2021/05/restructuring-global-insight/rent-deferrals-in-bankruptcy-during-the-covid-19-pandemic/
Section 365(d)(3) of the Bankruptcy Code generally requires that debtors remain current on lease obligations during bankruptcy, ...
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72 Implementing New Lease Standards in Private Companies
https://www.btcpa.net/2022/06/13/implementing-new-lease-standards-private-companies/
Operating Leases · The rate for a longer lease likely needs to be higher than a shorter-term lease · The company's credit risk might also be a ...
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73 leasing 101 dec 2013
https://www.ifrs.org/content/dam/ifrs/project/leases/revised-ed/consultative-documents/comment-letters-recieved-outside-the-period/leasing-101-dec-2013.pdf
(capital leases for lessee accounting with a front ended cost ... claim on the assets of the bankrupt estate) or an operating lease (an ...
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74 Bankruptcy Provisions in Commercial Leases
https://wolfcre.com/bankruptcy-provisions-in-commercial-leases/
Bankruptcy provisions in commercial leases that would terminate a lease or modify other rights of a bankrupt party upon the filing of a ...
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75 Treatment of Real Property Leases in Bankruptcy
https://nysba.org/WorkArea/DownloadAsset.aspx?id=91091
Lease provision required that the premises be used only for an auto parts store and be operating only under the debtor's trade name. • Held: • Not assignable ...
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76 Reporting and Non-Reporting Incentives in Leasing
https://meridian.allenpress.com/accounting-review/article/94/6/137/11802/Reporting-and-Non-Reporting-Incentives-in-Leasing
The overlap in lease classifications among accounting, bankruptcy, and tax rules allows financial statement users to use operating leases as a ...
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77 Webinar I - An Airline Bankruptcy Case Study and Aircraft ...
https://www.youtube.com/watch?v=ed8kV6lfKUI
McGill Institute of Air and Space Law
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78 ASC 842: Implementing the New Lease Standards
https://www.eisneramper.com/asc-842-implement-new-lease-standards-video-0122/
› asc-842-implement-new-l...
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79 Bankruptcy No. 17-30061 McM, Inc., Chapter 7 Debtor. / Erik A ...
https://www.govinfo.gov/content/pkg/USCOURTS-ndb-3_18-ap-07056/pdf/USCOURTS-ndb-3_18-ap-07056-0.pdf
There is no evidence that Debtor operated Johnson's business under a lease or operating agreement or that substantially all of Johnson's ...
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80 New York Chapter 11 Lease Discharge Lawyer
https://www.decapriolaw.com/business-bankruptcy/discharging-leases-in-chapter-11/
Sometimes, discharging a lease during Chapter 11 bankruptcy and moving a business to a new space with lower rent is the most effective decision. The business ...
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81 Busted Retailers Use Bankruptcy to Break Leases by the ...
https://www.bloomberg.com/news/articles/2020-08-06/busted-retailers-use-bankruptcy-to-break-leases-by-the-thousands
Bankruptcy flips the power from landlords to tenants. Retailers can legally reject a swath of leases in court, sometimes leaving building owners ...
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82 Navigating the New Lease Accounting Standard
https://www.elfaonline.org/docs/default-source/industry-topics/accounting/whitepaper_nnlas4ebeba5c78366c709642ff00005f0421.pdf?sfvrsn=c988d60d_0
The SEC recommended that lease accounting be reconsidered and operating lease obligations recognized on the balance sheet. ... In a bankruptcy liquidation.
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83 Commercial Landlords (and Their Lenders) Beware
https://www.mofo.com/resources/insights/200831-commercial-landlords
11 U.S.C. § 365(d)(3). However, § 365(d)(3) also allows bankruptcy courts to temporarily defer a debtor's lease obligations during the ...
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84 Lease Defaults and Restructuring: The ... - Business Law Today
https://businesslawtoday.org/2021/02/lease-defaults-restructuring-impact-bankruptcy-commercial-landlords-tenants/
Leases commonly include so-called “ipso facto” provisions, which provide that the lease will be terminated or be modified if the tenant ...
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85 Commercial Real Estate Tenant Bankruptcy — What To Do
https://www.dailydac.com/commercial-real-estate-tenant-bankruptcy/
The Bankruptcy Code treats non-residential real property leases as “executory contracts” that the debtor-tenant may assume or reject. Executory ...
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86 Capitalization of Operating Lease and Its Impact on Firm's ...
https://www.sciencedirect.com/science/article/pii/S1877042815053744/pdf?md5=0012e8a5c95a55de0dc4041c6fe34ca5&pid=1-s2.0-S1877042815053744-main.pdf
This study also finds that operating lease capitalization significantly impacts firm's financial ... Bankruptcy costs and the financial leasing decision.
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87 Bankruptcy Court Clarifies Lessee's Force-Majeure Rights in ...
https://www.mosessinger.com/publications/bankruptcy-court-clarifies-lessees-force-majeure-rights-in-cec-case
Under section 365(d)(3) of the Bankruptcy Code, debtors must timely perform their obligations under a commercial lease, and have 60 days after ...
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88 AN INTRODUCTION TO MUNICIPAL LEASE FINANCING
https://aglf.memberclicks.net/assets/docs/municipal_lease_financing.pdf
Differences Between “True” or “Operating” Leases and a “Financing” Lease ... potential bankruptcy of the private lessor so that no effort may be ...
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89 The Quiet Revolution of Lease Accounting - WorldQuant
https://www.worldquant.com/ideas/the-quiet-revolution-of-lease-accounting/
Operating leases have become a common component of off-balance-sheet liabilities. Some sectors such as retail or casual dining and fast food ...
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90 The FASB Lease Accounting Project
https://www.trala.org/Files/webinars/TRALA%20May%202013%20Final.ppt
It is presumed the lease is a SLE lease for lessees and operating leases for ... Legally not the same as debt in bankruptcy; Intent of debt limits is to ...
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91 Who is Responsible Here?
https://www.justice.gov/archive/ust/articles/docs/2008/abi_200805.pdf
The principals of the company consult with bankruptcy counsel to ... committee became concerned about the debtors' continuing operating losses and.
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92 Sale-Leaseback Transactions - Paul, Weiss
https://www.paulweiss.com/media/2799996/23feb15_nylj.pdf
ing standards rather than a capital lease (i.e., ... With operating lease treatment, ... ization in a bankruptcy of the seller-lessee.
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93 PIECES OF THE PUZZLE - Arnold & Porter
https://www.arnoldporter.com/-/media/files/perspectives/publications/2015/10/bankruptcy-101-for-investors-acquiring-a-debtors__/files/publication/fileattachment/bankruptcy101forinvestorsacquiringadebtorsassets.pdf
Bankruptcy 101 for Investors: Acquiring a Debtor's Assets in a Bankruptcy Case ... or all of its assets and business operations, or may.
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94 Farm Lease in Bankruptcy: A Comprehensive Analysis
https://scholarship.law.nd.edu/cgi/viewcontent.cgi?article=2356&context=ndlr
FARM LEASE IN BANKRUPTCY. Administration programs went out of business.6 Of these, 1,909 vol- untarily liquidated their farming operations ...
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95 The Intersection of Chapter 11 and Real Estate | ABI
https://www.abi.org/abi-journal/the-intersection-of-chapter-11-and-real-estate
Bankruptcy Code §365 addresses executory contracts and unexpired leases. This section allows the debtor (whether the landlord or the tenant) to ...
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