TENANT as IMPLIED COINSURED on LANDLORD’S FIRE POLICY – EXONERATION FROM NEGLIGENCE OR RATIONAL PUBLIC POLICY?

By John G. Neylon I. Introduction When a tenant negligently causes a fire or explosion at leased premises, the tenant is ordinarily liable to the landlord and other injured third parties by operation of law under general principles of negligence. The tenant may also be contractually liable to the landlord under the relevant language of the governing lease. For example a lease may commonly provide in its “yield up” clause or otherwise that at the conclusion of the leasehold term, a tenant will restore the premises to the same condition the premises were in at commencement, reasonable wear and tear,
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WHY PROCEEDS OF A SALE OF HOMESTEADED REAL ESTATE ARE PROTECTED, IF AT ALL, ONLY BY STATE STATUTE AND NOT SECTION 522(c) OF THE BANKRUPTCY CODE

by John G. Neylon INTRODUCTION The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005[1] provides the most substantial amendments to the U.S. Bankruptcy Code[2] since the 1978 adoption of the Code, which replaced the 1898 Bankruptcy Act. The “Reform” Act addresses perceived abuse by consumer debtors and substantially rewrites Section 707 of the Bankruptcy Code by providing for dismissal upon motion of certain Chapter 7 filings brought on or after October 17, 2005, where the debtor’s means exceed median family income for the debtor’s home state. In opposing such a motion, the debtor may assent to conversion of the
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