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A return to confusion and uncertainty as to the effective date of rejection of commercial leases in bankruptcy: a critical analysis of Revco and Joseph C. Spiess Company

Article Abstract:

Bankruptcy courts which follow the US Bankruptcy Court for the Northern District of Ohio's holding in In re Revco D.S., Inc., making debtor-tenants responsible for commercial rents until a court approves their request to discharge their lease obligations, are correct. Courts which apply the US Bankruptcy Court for the Northern District of Illinois' holding in In re Joseph C. Spiess Co., which makes commercial landlords responsible for rents from the time the debtor-tenant requests lease cancellation to the time the court grants such relief incorrectly grant a bankruptcy judge authority to terminate commercial leases to bankruptcy trustees.

Commercial leases

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Bankruptcy court jurisdiction to release insiders from creditor claims in corporate reorganizations

Article Abstract:

Bankruptcy courts violate Bankruptcy Code section 524(e) when they approve a corporate debtor's reorganization plan that shields corporate insiders from debt liability in exchange for the insiders' waiver of legal claims against the indebted corporation or agreement to assist in the reorganization plan. To comply with 524(e)'s mandate that nondebtors', here corporate insiders', potential liability not be extinguished when corporate debt is discharged, creditor consent must be made a prerequisite to insider release. Creditors refusing consent can then proceed against insiders apart from the reorganization plan.

Corporate directors, Privileges and immunities

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Gambling and the bankruptcy discharge: an historical exegesis and case survey

Article Abstract:

Gambling has been considered grounds for general objection to bankruptcy discharge or for exception to discharge for particular debts. The main Bankruptcy Code provisions under which gambling has been considered include section 727(a)(5), which concerns failure to provide satisfactory explanation for loss of assets; 727(a)(3), failure to keep adequate books and records; 523(a)(2)(A), money obtained by fraud; and 523(a)(6), willful and malicious injury to another's property. Good faith issues are also discussed.

United States, Gambling

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