Daniel A. Lowenthal on Muck Rack

Daniel A. Lowenthal

As seen in: JD Supra, Law.com, New York Law Journal, Law360, Lexology, Mondaq, Law360 UK, Employment Law Strategist, Win the Inbox Podcast
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Articles

Bankruptcy Court Decides Issue of First Impression Concerning Code Section 365(h)

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By Daniel A. Lowenthal
| JD Supra
When a debtor that is a landlord rejects a real property lease in bankruptcy, the tenant has a choice. Either the tenant can treat the lease as terminated or retain its rights under the lease. These rights include the use, possession, quiet enjoyment, subletting, and hypothecation of the property. In a recent case, the parties and the court grappled with this question: when does the tenant need to make that decision? When the lease is rejected, or by some other date?
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Retention of Bankruptcy Professionals: Court Concludes that a Debtor’s First Cousin is Not a “Relative” and Thus Not an “Insider”

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By Daniel A. Lowenthal
| JD Supra
A professional seeking to represent a debtor under Bankruptcy Code section 327(a) must not hold an interest adverse to the bankruptcy estate and must be disinterested. A debtor’s insiders often cannot satisfy these tests. The Bankruptcy Code defines “insider” to include a “relative” of the debtor. And a “relative” is someone related to the debtor “within the third degree as determined by the common law." What does this latter phrase mean and how is it applied?
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Arbitration and Bankruptcy: Can a Debtor that is Party to an Arbitration Agreement Lack Authority to Arbitrate Core Bankruptcy Claims?

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By Daniel A. Lowenthal
| Employment Law Strategist Verified
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