Commercial Tenant Bankruptcy: Strategies for Landlords
Minimizing Legal Risk and Maximizing Financial Recovery Under the Bankruptcy Code
Recording of a 90-minute CLE webinar with Q&A
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.
- 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
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?
David P. Vallas
He is a partner in the firm's Business Transactions department. He focuses his practice in the areas of... | Read More
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.Close
Alan M. Burger
He assists clients with daily business counsel, complex business litigation, commercial litigation and real property... | Read More
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.Close