Commercial Tenant Bankruptcy: Strategies for Landlords
Minimizing Legal Risk and Maximizing Financial Recovery Under the Bankruptcy Code
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Thursday, July 1, 2010
Recorded event now available
This CLE webinar will guide landlord's counsel in handling the key legal issues that arise when a tenant files for bankruptcy. The panel will outline strategies for commercial landlords to protect their interests and maximize recovery under the Bankruptcy Code.
Description
Commercial landlords still coping with past-due rents and soaring vacancies are aggressively seeking ways to protect their financial interests and minimize loss. Meanwhile, distressed tenants are turning to the Bankruptcy Code to safeguard their assets from creditors.
The Bankruptcy Code offers protections to both commercial landlords and tenants but raises a number of complex legal issues. Commercial landlords must develop strategies to anticipate and protect against the fallout from tenant bankruptcy.
Listen as our authoritative panel of real estate and bankruptcy attorneys highlights key legal issues that arise for landlords when a tenant files for bankruptcy. The panel will offer their perspectives on best practices for commercial landlords to protect their interests and maximize recovery 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
- 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 should landlords 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
David P. Vallas,
Partner
Wildman Harrold, Chicago
He is a partner in the firm's Business Transactions department. He focuses his practice in the areas of creditors’ rights, bankruptcy, real estate litigation, and general commercial litigation and regularly advises clients on workouts, restructurings and foreclosures. He counsels owners and managers of shopping centers in connection with their day-to-day legal and business issues.
Alan M. Burger,
Member
McDonald Hopkins, West Palm Beach, Fla.
He assists clients with daily business counsel, complex business litigation, commercial litigation and real property litigation. He is well-versed in the complexities of real property transactions and commercial leaseholds and is often called upon to act as litigation or consulting counsel in commercial landlord/tenant disputes.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, GA, MO, MT, TX, UT, VT, WA.
Upon request, also available in: CO, CT*, FL, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)
Online CLE Audio $149.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, GA, HI, MO, MT, NY, TX, UT, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, ID, KY, ME, ND, NE, NH, NM, NV, OR, WI, 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.
Webinar Download (Slide Presentation with Audio) $49.00
Available three business days after the live event
DVD (Slide Presentation with Audio) $49.00
plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio with Slide PDFs) $49.00
Available 24 hours after the live event
CD (Audio with Slide PDFs) $49.00
plus $9.45 S&H
Available ten business days after the live event
Webinar/Teleconference
Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program). Please note that our webinars do not feature videos of the presenters.
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
The presentation was not too long, but included a great deal of information. The speakers kept to their times and provided an opportunity for questions at the end.
Amy E. McShane
Phillips Lytle LLP
The program covered a fair amount of material in a short time period.
Dawn Sharff
Bradley Arant Boult Cummings LLP
Very good current, practical and applicable discussion and information provided.
Matthew Moore
Clawson & Staubes, LLC
I appreciated that there was a great deal of current case law on the subject and the speakers were concise and informative.
Thomas G. Mancuso
Haskell Slaughter
Very good breadth and depth of the subject matter - the speakers had a lot of experience and insight.
Ken J. Pedersen
Pedersen & Company, PLLC
Real Estate Law Advisory Board
Partner
Alston & Bird
Partner
Stroock & Stroock & Lavan
Partner
Robinson & Cole
Of Counsel
Jenner & Block
Partner
Bryan Cave
Of Counsel
K&L Gates
Counsel
Kilpatrick Townsend & Stockton
Partner
Jones Day
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