Bankruptcy Judge Applies Anti-Forfeiture Statute to Save Debtor's Exercise of Option to Renew Lease [Delaware Business Court Insider]

Barry Klayman and Mark Felger, members of Cozen O'Connor's Commercial Litigation and Bankruptcy, Insolvency & Restructuring Practice Group, discuss, in Delaware Business Court Insider, a recent Delaware bankruptcy case applying a state anti-forfeiture statute to save the debtor’s exercise of an option to renew a commercial lease during the bankruptcy proceedings and holding that Section 365(d)(3) of the Bankruptcy Code, requiring the debtor to timely perform all obligations under an unexpired lease until it is assumed or rejected, did not preempt the state statute.

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Mark E. Felger

Co-Chair, Bankruptcy, Insolvency & Restructuring

mfelger@cozen.com

(302) 295-2087

Barry M. Klayman

Member

bklayman@cozen.com

(302) 295-2035


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