The use of prepetition relief-from-stay agreements and prepackaged bankruptcies in commercial mortgage loan workouts

Article Abstract:

Several case laws and statutes in American jurisprudence have affirmed the applicability of prepackaged bankruptcies and prepetition relief-from-stay agreements in commercial mortgage loan settlement proceedings. These tools can help minimize the risk of bankruptcy in said proceedings. Some of these statutes and cases include section 362 of the Bankruptcy Code, the 'In re Gulf Beach Development Corp.' and the 'In re Citadel Properties Inc.'

Business Failures, Mortgages

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Can a debtor in bankruptcy avoid state and local taxes?

Article Abstract:

A reorganized estate has certain rights and remedies under the bankruptcy code. Certain taxes are avoided but states are reluctant to agree to these limitations. Creative enforcement mechanisms must be utilized by debtors to force a state to comply with the code. Specific cases demonstrating compliance are provided.

Bankruptcy Law, Other Justice, Public Order, and Safety Activities

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A new mix of rights for creditors

Article Abstract:

The government's proposals to change the system of insolvency and bankruptcy are described. The rights of an insolvent company and its creditors, and the changes to administrative receivership, in the Insolvency White Paper of 2001 are explained.

Practice, Debtor and creditor, Receivers (Law)

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