The effect of a cross-default provision on the ability to assume an executory contract or unexpired lease

Article Abstract:

The U.S. Bankruptcy Court's 1999 decision in In re Kopel is the subject of this article concerning cross-default provisions in cases where assumption of executory contracts, including leases, is at issue. The court upheld a lease cross-default provision resulting in the debtor being obliged to cure specific contractual defaults before assumption of the lease.

Assignments, Commercial leases, Assignments (Law)

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The right of a senior creditor to receive post-petition interest from a subordinated creditor's distributions: did the rule of explicitness survive the enactment of the Bankruptcy Code?

Article Abstract:

The authors discuss post-bankruptcy petition interest rights of senior creditors in subordinated creditors' distributions in the context of the Bankruptcy Code of 1978. The U.S. 11th Circuit Court of Appeals 1998 and 1999 Southeast Banking Corp. cases are discussed.

Priorities of claims and liens, Interest, Interest (Finance)

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A flexible standard for shielding tardily perfected security interests from preference attack

Article Abstract:

The authors analyze the emerging trend in the federal courts to allow preferential transfers of property interests to creditors beyond the 10-day period after the loan was given and the security interest attached.

Debtor and creditor, Assignments for benefit of creditors

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