Commercial Tenant Bankruptcy: Legal Strategies for Landlords and Tenants
Minimizing Risk and Maximizing Recovery Under the Bankruptcy Code
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Thursday, July 30, 2009
Recorded event now available
This seminar will examine the key legal issues for commercial landlords and tenants when a tenant files for bankruptcy. The program will outline effective strategies for commercial landlords and tenants to protect their interests and maximize recovery under the Bankruptcy Code.
Description
As the economy pushes more businesses into financial trouble, commercial landlords are facing past-due rent payments and tenants vacating in record numbers. Landlords are seeking ways to protect their financial interests, while tenants turn to bankruptcy protection to safeguard their assets.
The Bankruptcy Code offers protections both to commercial landlords and tenants. However, the Code also raises a number of complex legal issues that landlord and tenant counsel must understand and consider in utilizing the Code to their respective benefit.
Developing effective strategies to anticipate and protect against the fallout from tenant bankruptcy is critical for legal advisors to both commercial landlords and their tenants.
Listen as our panel of bankruptcy attorneys highlights key legal issues that arise when a commercial tenant files for bankruptcy. The program will offer best practices for commercial landlords and tenants to protect their interests under the Bankruptcy Code.
Outline
- Commercial tenant bankruptcy — current trends
- Legal issues arising when commercial tenant files for bankruptcy
- Automatic stay
- Ipso Facto clauses
- Assumption or rejection of lease
- Anti-assignment lease provisions
- Post-petition performance
- Proofs of claim
- Best practices for mitigating risk of loss
- For tenants
- For landlords
- Pre-petition termination of the lease
- Enforce rights to receive current rent
- Security deposit setoffs
- Get appointed to Creditors’ Committee
- Strategies at time lease is entered
Benefits
The panel will review these and other key questions:
- What trends are developing in commercial tenant leases directly as a result of the current economic crisis?
- What provisions can landlords and tenants consider in negotiating and drafting leases to protect against potential losses due to tenant bankruptcy?
- What rights do the 2005 Bankruptcy Code amendments give commercial landlords and tenants?
- What are the best and most cost-effective practices for a commercial landlord to pursue when a tenant files for bankruptcy protection?
Faculty
Brian A. Jennings,
Partner
Perkins Coie, Seattle
He focuses on restructuring and bankruptcy and aircraft sale, lease, and financing transactions. He has served as Bankruptcy Counsel to London Fog Group, Troutman Investment Company and Jore Corporation and represented secured creditors in various cases. He has also represented Boeing and affiliates in airline bankruptcy cases and supplier workouts and bankruptcy.
James B. Jordan,
Partner
Sutherland, Atlanta
He has diverse and extensive experience in all aspects of commercial real estate and regularly represents clients in purchase and sale, lending, development, leasing and joint venture transactions for office, industrial, retail, multi-family and mixed-use real estate projects. He devotes a substantial portion of his time to retail development and leasing matters.
Ordering
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in AK, AZ, CA, CT*, MO, MT, NY*, TX, VT, WA. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, LA, ME, ND, NE, NH, NM, NV, OR, UT, WI, WV, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*For CT and NY, Strafford needs to process the CLE — see below to purchase this option.)
MP3 Download (Audio Only) $297.00
Available 24 hours after the live event
CD $297.00
plus $9.45 S&H
Available ten business days after the live event
CLE on CD/DVD Processing $65.00
CLE Credit
Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.
Customer Reviews
I liked the different speaker perspectives.
Gina Fama
Standard Chartered Bank
The teleconference was efficient with a well-focused agenda. The speakers really seem to know the material and communicated it clearly.
Owen Hughes
Pfizer
This was my first experience with an interactive CLE. It was good not to have to leave my office for the program.
Patricia Hays
Vestcom International
All of the speakers were very informative, and being able to ask questions was very helpful.
Larry V. Smith
Jackson Walker
The teleconference contained information that was relevant, useful and up-to-date.
Mark Hegedus
Spiegel & McDiarmid
Real Estate Law Advisory Board
Partner
Ballard Spahr Andrews & Ingersoll
Partner
Stroock & Stroock & Lavan
Partner
Robinson & Cole
Of Counsel
Jenner & Block
Partner
Bryan Cave
Partner
K&L Gates
Michelle A. Neumann
Attorney at Law
Jordan Schrader Ramis
Attorney
McGuire Woods
Partner
Howrey