Commercial Tenant Bankruptcies: Protecting Landlord and Debtor Interests Under Unexpired Leases

Assumption and Rejection Under the Bankruptcy Code

A live 90-minute CLE video webinar with interactive Q&A


Wednesday, August 25, 2021

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, July 30, 2021

or call 1-800-926-7926

This CLE webinar will (1) provide practitioners with an overview of how commercial leases are treated under the Bankruptcy Code, (2) explain a debtor's right to assume, assume and assign, or reject unexpired leases of nonresidential real property, and (3) outline best practices for both landlords and tenants seeking to protect their rights and interests in their leases.

Description

The Bankruptcy Code changes the relationship between the parties to a nonresidential real property lease. It provides a debtor-tenant with the power to assume, assume and assign, or reject its leases.

However, the debtor-tenant does not have absolute discretion in this process. The Bankruptcy Code provides certain protections for landlords. For example, before a lease can be assumed, all defaults must be cured, and the tenant must provide adequate assurance of future performance. Still, this concept is not clearly defined in the Bankruptcy Code and is subject to court interpretation. Additional protections are afforded to shopping center landlords.

Rejection of a lease leaves a landlord with a general unsecured claim for damages from the rejection, including unpaid rent. However, such claims are subject to a cap that also leaves room for interpretation.

Retail tenants have continued to struggle with BAPCPA's deadline to assume or reject its leases. However, recent COVID-19 relief legislation provided a further extension of that deadline to provide debtor-tenants with more breathing room.

Listen as our experienced panel of bankruptcy counsel guides you through the maze of bankruptcy rules for assumption, assumption and assignment, or rejection of leases in tenant bankruptcies and discusses strategies for landlords and tenants to protect their rights and interests in their leases.

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Outline

  1. Debtor's lease obligations during a bankruptcy case
  2. The deadline for the debtor to assume, assume and assign, or reject leases
  3. Assumption and assumption and assignment of leases: cure of defaults and adequate assurance of future performance
  4. Assumption and assumption and assignment of leases: additional protections for shopping center leases
  5. Rejection of leases: 502(b)(6) cap on damages

Benefits

The panel will review these and other crucial questions:

  • Is a debtor obligated to pay the amounts due as specified in its leases during a bankruptcy case? What if there are insufficient funds to satisfy other post-petition administrative expenses?
  • Which defaults have to be cured for a debtor to be permitted to assume or assume and assign a lease? Which don't?
  • What does the court look for in determining whether a debtor has provided adequate assurance of future performance in connection with the assumption or assumption and assignment of a lease?
  • How has the COVID-19 related extension of a debtor's deadline to assume, assume and assign, or reject its leases impacted the negotiations between the parties? What advantages do landlords have in these negotiations?

Faculty

LeHane, Robert
Robert L. LeHane

Partner
Kelley Drye & Warren

Mr. LeHane focuses his practice on corporate restructuring, creditors’ rights and landlord representation in...  |  Read More

O’Brien, Daniel
Daniel O’Brien

Senior Vice President
Hilco Real Estate

Mr. O’Brien provides Hilco Real Estate clients nearly twenty years of experience in the commercial real estate...  |  Read More

Raviele, Jennifer
Jennifer D. Raviele

Special Counsel
Kelley Drye & Warren

Ms. Raviele focuses her practice on bankruptcy – specifically on representing creditors in Chapter 11 and Chapter...  |  Read More

Attend on August 25

Early Discount (through 07/30/21)

Cannot Attend August 25?

Early Discount (through 07/30/21)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include program handouts.

To find out which recorded format will provide the best CLE option, select your state:

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