Justin R. Alberto, a director with Bayard’s bankruptcy group, authored an article published in the January/February 2016 issue of The Federal Lawyer. The article entitled Setting the Clock on the Section 502(b)(6) Time vs. Rent Debate discusses Judge Kevin Carey’s opinion in In re Filene’s Basement, a decision in which the Court concluded that Bankruptcy Code section 502(b)(6) requires a time-based approach to landlord rejection claims as opposed to a rent-based calculation used in some other jurisdictions. This holding is a key interpretation of bankruptcy law that practitioners should know when practicing before the Delaware Bankruptcy Court.
Read the full article here.