Perfect Storm: Lessons For Distressed Retailers, Part II

Law360, New York (November 5, 2010, 3:59 PM EDT) -- In Part I, this article considered the effect of Section 365(d)(4) and other Bankruptcy Code sections on retailer-debtors and their respective landlords, as well as on how retailer-debtors can utilize the holiday sales season to implement a successful reorganization.

This second part of the article examines the recent developments affecting vendors involved in retailer bankruptcies, including the limitation of critical vendor motions, the amended reclamation power under Section 546(c), the introduction of Section 503(b)(9) administrative priority claims, and the ability of a retailer-debtor to return goods...
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