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Commercial Tenant Bankruptcy: Legal Strategies for Landlords and Tenants

Minimizing Risks and Maximizing Recovery Strategies for Landlords and Tenants

CD/DVD of a 90-minute CLE teleconference with Q&A

Conducted on Wednesday, September 17, 2008
Now available on CD/DVD

Description

As the economy pushes more businesses into financial trouble, commercial landlords are facing past-due rent payments and vacating tenants 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 real estate and bankruptcy attorneys highlights key legal issues that arise when a tenant files for bankruptcy. The program will also offer best practices for commercial landlords and tenants to protect their respective interests and maximize their recovery under the Bankruptcy Code.

Outline

Commercial tenant bankruptcy — current trends
Legal issues arising when commercial tenant files for bankruptcy
1. Automatic stay
2. Ipso Facto clauses
3. Assumption or rejection of lease
4. Anti-assignment lease provisions
5. Post-petition performance
6. Proofs of claim
Best practices for mitigating risk of loss
1. For tenants
2. For landlords
  1. Pre-petition termination of the lease
  2. Enforce rights to receive current rent
  3. Security deposit setoffs
  4. Get appointed to Creditors’ Committee
  5. 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

Jeanette L. Thomas, Of Counsel
Perkins Coie, Portland, Ore.

She has over 14 years of experience in restructuring, insolvency and bankruptcy matters. She has represented landlords in retail bankruptcies nationwide, including K-Mart and Montgomery Ward.

David P. Vallas, Partner
Wildman Harrold, Chicago

He concentrates his practice in the areas of creditors' rights, bankruptcy and general commercial litigation. He represents shopping center owners in connection with their day-to-day business issues.

Ordering

Teleconference on CD

Purchase a CD of the full event proceedings, including Q&A and PDF files of all handouts (available 10 days after the seminar).

For CLE only, this program is pre-approved for self-study credit in AK, AZ, CA, MO, MT, VT, WV.

Self-study CLE credits are also available in CT*, CO, GA, ID, KY, LA, ME, NV, ND, NY*, OR, TX, UT, WA, WI, WY.
^{Please call us if you will be self-reporting in one of these states. *For CT and NY, Strafford needs to process the CLE — see below to purchase this option}

Self-study CPE is not offered on CD purchases.

CD $297.00 plus $9.45 S&H

CLE Processing on CD/DVD (NY and CT Only)

CLE processing for listening to the CD/DVD is available for an additional $65 per person per state in NY and CT.

CLE on CD Processing $65.00

Program Materials

Presentations

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CLE Credit

Strafford seminars qualify for CLE credits in every state that accredits teleconferences. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.

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