Although 2017 was a solid year for private equity, PE-owned companies have accounted for an increasing share of large chapter 11 filings since early 2016, mostly due to more failed retail businesses.
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What Do You Do When Your Anchor Store Sinks?
What do bankruptcy courts do when a debtor tenant fails to fulfill lease obligations as required under § 365(d)(3)? Landlords have found themselves with unsatisfactory remedies, or no remedy at all.
The Rest of the Story About the State of Brick-and-Mortar Retail
While the conventional wisdom is that online retailing has doomed retail, this is only partly correct. This article offers a more in-depth analysis on the reasons for retail's decline.
Real Estate Sales Free and Clear of Unexpired Leases Under § 363(f)
Once a landlord files for bankruptcy protection, what options will the trustee have in dealing with their remaining tenants?
30:31Landlord/Tenant Issues in Retail Bankruptcy
David R. Kuney of Whiteford Taylor Preston talks about the rapidly shifting landscape of the retail world and issues for practitioners to be aware of in handling landlord or tenant rights.
Order's Up! When Restaurant Restructurings Get Complicated
Although restaurant-related revenue has climbed, same-store sales have been in decline over the past several years due to the oversupply of restaurants in the U.S.
The Myth of the "Efficient Market": Restructuring Real Estate Mortgages
With the rise of retail bankruptcies, loss of rental income and anticipated increase in the national interest rate, the need for bankruptcy in the commercial real estate sector might increase.
Chapter 11 Filings by PE-Backed Companies from 2012 through September 2017
Chapter 11 Filings by PE-Backed Companies from 2012 through September 2017
Liquidating Liquor Licenses in Bankruptcy
When restaurants and bars fail, liquor licenses are frequently the only remaining valuable asset - and can be worth a lot of money.
A Look at the Hottest Retail Trend of 2017: Chapter 22 Bankruptcy Filings
Is bankruptcy the new “black” in the retail industry? With the rise in retail bankruptcies, some commentators believe repeat chapter 11 bankruptcy filings are the “hottest 2017 retail trend.”
Why Are My Favorite Restaurants Closing?
Last year saw the most major restaurant chains closing since the recession. An expert panel offers some reasons why.
Depressed Valuations Pose Added Challenge to Retail Reorganizations
Despite generally lofty market valuations, retailers that must restructure amid the current economic backdrop could hardly have timed it worse.
Does the Lenders’ Lien Attach When a Shipper Disregards a Demand to Stop Delivery?
Is a reclamation notice required if a shipper delivers goods despite a demand to stop delivery?