June 2018

Feature Article

  • Early Action is Crucial to Maximizing Retail Brand Value in Bankruptcy

    • Richelle Kalnit

    • Ben Kaplan

    The 2005 amendments to the U.S. Bankruptcy Code foreclosed the ability of retailers to defer store lease assumption or rejection decisions until the end of a bankruptcy case. Following the 2005 amendments, retailers followed a predictable path leading up to bankruptcy, typified by waiting as long as possible to file and only doing so (i) […]

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