Third Circuit Rejects Triangular Setoffs as Not Satisfying Mutuality Requirement of § 553 of the Bankruptcy Code

EDITOR’S NOTE: In this article from the American Bankruptcy Institute’s Unsecured Trade Creditors Committee Newsletter, Tim Brink discusses the Third Circuit’s decision holding that “triangular” setoffs are not permissible in bankruptcy and rejecting the argument that parties can contract around the requirement of strict bilateral neutrality. In its recent decision in In re Orexigen Therapeutics…

MPS Law Bolsters Team with New Associate Attorney, Paralegal

Meltzer, Purtill & Stelle LLC (MPS Law) is pleased to announce a pair of key additions to its professional staff. New associate attorney Max Frazier joins the firm’s commercial litigation practice group with extensive experience in cases involving breach of contract, business disputes, commercial evictions, debt collection, and other business matters. He has represented a…

MPS Law Welcomes Evan Blewett as Partner

Evan D. Blewett 125 S. Wacker Drive, Suite 2900 Chicago, Illinois 60606 T: 312-461-4317 F: 312-987-9854 E: eblewett@mpslaw.com Evan Blewett, a distinguished attorney with extensive experience in commercial real estate and corporate finance transactions, has joined Meltzer, Purtill & Stelle LLC (MPS Law) as a partner. Evan’s practice spans both transactional and litigation work, with…

Condos and Common Interest Communities in Illinois — A Look Back and Suggestions for Going Forward

In this article published by IICLE (Illinois Institute for Continuing Legal Education), authors Brian Meltzer and Vickie Bresnhan (of Meltzer Purtill and Stelle / MPS), provide a comprehensive review of the history and likely future of legislation and trends regarding condominiums and CICs (common interest communities) in Illinois. As the authors of Chapter 5 of…

“Condolike Conversions” Coming To A Mall Near You

Introduction/Background Shopping centers and malls (collectively referred to herein as “Malls” or individually as a “Mall”) throughout the country were dealing with the effects of changing consumer buying habits due to the rise of online shopping, which was accelerated by the Corona virus. Big box retailers have been closing stores and filing for bankruptcy in…

Suggested Legal Structure for Owner/Occupied Affordable Housing Developments Using Blanket Mortgage Financing

Today, most newly constructed owner/occupant housing developments are governed by a condominium and/or non-condominium homeowners association (“HOA”) made up of the owners of the homes in the development. The housing crash and the great recession which followed (the “Crash”) exposed many flaws and weaknesses in the HOA model. See, Time to Rehab the Aging Condominium…

MPS Law Elevates Holly Shuman to Partner

Holly G. Shuman 125 S. Wacker Drive, Suite 2900 Chicago, Illinois 60606 T: 312-461-4319 F: 312-987-9854 E: hshuman@mpslaw.com December 18, 2020 – Leading Chicago real estate law firm MPS Law has elevated associate attorney Holly Shuman to partner, effective January 1, 2021. The move capped a rapid rise through the ranks for Shuman, who clerked…

Ten Things We Do to Save Our Tenant Clients Money

CONTACT 125 S. Wacker Drive, Suite 2900Chicago, Illinois 60606T: 312-461-4314F: 312-987-9854E: shargadon@mpslaw.com Many clients, including companies who have multiple locations and those that don’t, believe that they don’t need to have a “tenant lawyer” involved in a lease transaction because they believe 1) their corporate counsel or general real estate attorney can adequately advise them…

Proceed with Caution When Rejecting a Subtenant’s Proposed Sublease Assignment

Our leasing team recently encountered a somewhat unique scenario in the commercial leasing arena involving an office sublease between affiliates and the potential pitfalls of a spinoff of the subtenant into its own independent entity. The tenant/sublandlord was particularly concerned about the prospect of one of its competitors acquiring the subtenant after the spinoff is…

Q&A: Scott Hargadon on the Importance of Representing Tenants

Scott Hargadon is one of the leading tenant lawyers in the country, representing major corporations, mid-market companies, and entrepreneurial ventures in office and industrial/warehouse leases throughout the United States and Canada. Scott sat down recently to talk about the importance of specialization, negotiating in tough markets, and how COVID-19 has affected tenants. Why did you…

Insurance Issues in Single Tenant Leases

In 2020, I have represented tenant clients on three significant single tenant lease transactions, the term I use when a tenant is leasing an entire building. The landlords in these transactions approached insurance issues quite differently and it provided the opportunity for me to consider what are the best practices for tenants when leasing all…

Ten Things Tenant Brokers Should Do in Letters of Intent

As leasing attorneys for tenants, we read many letters of intent (“LOI”) as part of our job. Some are excellent, providing a concise description of the parties’ business deal. Others raise more questions than they answer. We applaud brokers who do a thorough job with LOIs because during the LOI negotiations, a tenant’s negotiating leverage…