Bankruptcy Blogs

What are the landlord’s rights when the debtor-tenant decides to assume the lease?

02/23/15

Assumption of the lease is permissible even if the terms of the lease expressly prohibit assumption.  Section 365 of the Bankruptcy Code requires a debtor-tenant to meet certain criteria in order to “assume” a lease.  First, and most importantly, the tenant must cure any and all existing defaults, both monetary and non-monetary.  Second, the debtor-tenant must provide “adequate assurance” to the landlord that the debtor will be able to perform under the lease going forward.  The tenant’s obligation to cure defaults includes the payment of late charges or similar charges that arise under the

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Welcoming Jay Westbrook to Credit Slips

02/23/15

It is with great pleasure that I welcome Professor Jay L. Westbrook of the University of Texas as a guest blogger for Credit Slips. To people in the bankruptcy community, Professor Westbrook needs no introduction. He is a leader in both international bankruptcy and empirical studies of bankruptcy. The phrase "see Sullivan, Warren & Westbrook" is often the cite for any fact we need to know about the bankruptcy system.

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Editor's Note: Put Some Power into 'Financial Empowerment'

02/23/15

Could getting people to save more money be as easy as changing around the office furniture? Based on Emily Garbinsky's research, the answer is yes.

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Scrap Regulations that Thin the Ranks of Small Banks

02/23/15

There's nothing wrong with big banks gaining market share because they offer the products and services that customers want. But there's a problem when big banks can beat off their smaller rivals with a club fashioned by legislators and regulators.

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The Daily Docket: Trump Wins Round in Fight to Reclaim Name From Casino

02/23/15
Wayne Parry/Associated Press

A bankruptcy judge in Delaware Friday gave the green light to a lawsuit by Donald and Ivanka Trump that seeks to reclaim the Trump name from the troubled Trump Taj Mahal casino in

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Without Stronger Governance, Bitcoin's Not Worth the Bet

02/23/15

Bitcoin's premise is that an open-source computer protocol could support a new global currency, without reliance on the centralized power of banks and governments. But trusting a computer protocol, without human governance, doesn't make sense. As it stands, bitcoin's governance has a long ways to go before institutions would rely on this innovative but flawed currency as a store of value.

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Morning Scan: Caution Signs Ahead for Rollback of Bank Regs; U.K. Bank Woes

02/23/15

Wall Street Journal

Dark clouds are hovering over the effort to amend Dodd-Frank and other bank regulations, in some measure because the new GOP leadership on Capitol Hill is trying to make changes beyond what banks have asked for. At a recent meeting at a Washington hotel, according to anonymous sources, Sen. Richard Shelby, R-Ala., reiterated his stance that he wants to axe the Consumer Financial Protection Bureau's independent funding stream; and Rep. Jeb Hensarling, R-Texas,...

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Exemptions Continue to Feel Frost's Bite

02/22/15
The rift in the bankruptcy universe created by Viegelahn v. Frost (Matter of Frost), 744 F.3d 384 (5th Cir. 2014) continues to widen, drawing more exemptions into its vortex in seeming disregard of Supreme Court precedent.   The latest opinion to come down is  In re Hawk, 2015 Bankr. LEXIS 309 (Bankr. S.D. Tex. 1/30/15) which holds that the Debtor in a chapter 7 proceeding forfeited his IRA exemption when he liquidated the account after the deadline to object had expired.   
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Retail Sales Slump, Even in Paradise

02/20/15
This undated file photo provided by Hilton Hawaiian Village Beach Resort & Spa shows Duke Kahanamoku Beach in Waikiki, Hawaii.
Associated Press

Hawaii’s

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