Commercial Leases In Economic Distress: Pre- and Post-Bankruptcy Strategies for Landlords
Negotiating Lease Modifications With Distressed Tenants, Participating in the Bankruptcy Process
Recording of a 90-minute premium CLE webinar with Q&A
This CLE webinar will guide landlord's counsel in handling the critical legal issues that arise before and after a tenant files for bankruptcy. The panel will outline strategies for commercial landlords to protect their interests and maximize recovery under state law and the Bankruptcy Code.
- Commercial tenant COVID-19 rent relief agreements and bankruptcy: current trends
- Legal issues arising when a commercial tenant files for bankruptcy
- Automatic stay
- Ipso facto clauses
- Assumption or rejection of a lease
- Anti-assignment lease provisions
- Post-petition performance
- Proofs of claim
- Best practices for mitigating the risk of loss
- Pre-petition rent relief, repossession, or termination of the lease
- Enforce rights to receive current rent before bankruptcy or to compel post-petition rent payment or obtain relief from stay to repossess premises
- Security deposit setoffs and draws on letters of credit
- Get appointed to creditors' committee
- Strategies when beginning a lease
The panel will review these and other key questions:
- What trends are developing in commercial tenant leases as a result of the current economic crisis?
- What provisions should landlords consider in negotiating and drafting leases or lease modifications to protect against potential losses due to tenant bankruptcy?
- What rights does the Bankruptcy Code 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?
C. Jason Kim
White and Williams
Mr. Kim focuses his practice on real estate and finance transactions. He advises clients on matters involving... | Read More
Mr. Kim focuses his practice on real estate and finance transactions. He advises clients on matters involving acquisitions and dispositions, financing, development, leasing, and loan workouts and restructurings. Mr. Kim represents investors, developers and financial institutions in all types of commercial real estate transactions. He is experienced in all aspects of real estate acquisition, development and financing, including JV formation, and the structuring of debt and equity financing. He also represents landlords and tenants in leasing transactions involving office, retail and mixed-use properties and net leases involving property owners and operating company tenants.Close
Steven E. Ostrow
White and Williams
For more than 30 years, Mr. Ostrow has represented parties in commercial leasing and sales transactions and in... | Read More
For more than 30 years, Mr. Ostrow has represented parties in commercial leasing and sales transactions and in bankruptcy, foreclosure and receivership proceedings throughout the country. He represents landlords and tenants in commercial leasing transactions, real estate litigation and in single-asset or retail bankruptcies. Mr. Ostrow's landlord representations include real estate investment firms, developers/mall owners, receivers and property managers. He also handles the workout or litigation of commercial leasing disputes often regarding early tenant closures, lease assignments/sublets, cam and percentage rent issues, operating covenants and co-tenancy and exclusivity clauses.Close