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Implications of federal appellate court decision allowing bankrupt company to sell real estate free and clear of tenant's lease

Article Abstract:

The U.S. Court of Appeals for the Seventh Circuit recently passed judgment on Precision Industries, Inc. v. Qualitech Steel SBQ, which stated that property sale is allowed despite tenant's lease, is assessed. The ruling is considered as invalidating Section 365(h) of the Bankruptcy Code.

Author: Thompson, Mark
Publisher: Aspen Publishers, Inc.
Publication Name: Real Estate Finance Journal
Subject: Real estate industry
ISSN: 0898-0209
Year: 2003
Blast furnaces and steel mills, Steel industry, Bankruptcy, Company bankruptcy, Precision Industries Inc. (Baton Rouge, Louisiana), Qualitech Steel Corp.

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Supreme Court limits availability of CERCLA contribution action

Article Abstract:

The issue of claiming recovery costs on environmental contamination from a potential responsible party under Section 113 of Comprehensive Environmental Response, Compensation and Liability Act in the case Cooper Industries, Inc. v Aviall Services, Inc. is examined.

Author: Perellis, Andrew H.
Publisher: Aspen Publishers, Inc.
Publication Name: Real Estate Finance Journal
Subject: Real estate industry
ISSN: 0898-0209
Year: 2005
Government regulation (cont), Government regulation, Laws, regulations and rules, Pollution, United States. Environmental Protection Agency

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Plaintiffs testing the waters on contribution claims post-Aviall come up dry

Article Abstract:

The implications of United States Supreme Court's judgment in Cooper Industries Inc. v. Aviall Services Inc., filed under Comprehensive Environmental Response, Comp ensation, and Liability Act of 1980 (CERCLA), on contribution claims are discussed.

Author: Amoroso, Frank, Behnke, Heather
Publisher: Aspen Publishers, Inc.
Publication Name: Real Estate Finance Journal
Subject: Real estate industry
ISSN: 0898-0209
Year: 2005
Parties to actions, Contribution (Law)

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Subjects list: United States, Company legal issue, Cases
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