Commercial Tenant Bankruptcy: Strategies for Landlords

Minimizing Legal Risk and Maximizing Financial Recovery Under the Bankruptcy Code

Recording of a 90-minute premium CLE webinar with Q&A

Conducted on Thursday, July 1, 2010

Recorded event now available

or call 1-800-926-7926
Program Materials

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 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.



  1. Commercial tenant bankruptcy — current trends
  2. 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
  3. Best practices for mitigating risk of loss
    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


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
David P. Vallas

Wildman Harrold

He is a partner in the firm's Business Transactions department. He focuses his practice in the areas of...  |  Read More

Alan M. Burger
Alan M. Burger

McDonald Hopkins

He assists clients with daily business counsel, complex business litigation, commercial litigation and real property...  |  Read More

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