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Roadmap for Navigating Tenant Distress and Bankruptcy: Guidance for Landlords

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Monday, June 10, 2024

Recorded event now available

or call 1-800-926-7926

This CLE webinar will guide bankruptcy practitioners in the nuances surrounding commercial tenant distress outside and inside of bankruptcy proceedings. The dynamic panel will cover the rights, duties, and options under the Bankruptcy Code for landlords.


From responding to the first deferral request from the tenant, through negotiations and strategic decision-making concerning forbearance, waiver, amendment, or termination of the lease before bankruptcy, to enforcement of rights and remedies once a tenant is in bankruptcy, Landlords and their counsel have many issues to navigate when dealing with a distressed commercial tenant.

Listen as this experienced panel guides restructuring professionals through the maze of bankruptcy rules for assumption, assumption and assignment, or rejection of leases and discusses strategies for landlords to protect their rights and interests in their leases.



  1. Dealing with tenant distress and defaults outside of bankruptcy
    1. Pre-negotiation agreements
    2. Issuing default notice/reservation of rights letter
    3. Forbearances and waivers
    4. Collection efforts
    5. To terminate or not to terminate
  2. Key concepts & issues for dealing with tenant leases in bankruptcy
    1. What causes a tenant to file for bankruptcy?
    2. Section 362
    3. Seeking stay relief
    4. Understanding the limitations bankruptcy imposes on ipso facto clauses
    5. First-day orders
    6. Obligation to pay rent under Section 365(d)(3)
    7. Assumption/rejection of lease
    8. Security deposits
    9. Letters of credit
    10. Landlords’ claims


The panel will review these and other key issues:

  • What are a landlord’s rights if a debtor/tenant fails to timely perform its post-petition lease obligations?
  • How does the statutory cap on lease rejection damages actually work?
  • Can a security deposit held by a landlord be applied only to the capped claim or the whole claim?
  • Do caps apply to draw downs on letters of credit?
  • If the debtor/tenant rejects the prime lease with the landlord, would the subtenant have the right to remain on the premises?


Israel, Harold
Harold D. Israel

Levenfeld Pearlstein

Mr. Israel represents debtors, asset purchasers, secured lenders, creditors and official creditor committees in...  |  Read More

Kaplan, Gary
Gary M. Kaplan

Farella Braun + Martel

Mr. Kaplan represents debtors, secured and unsecured creditors, creditors' committees and trustees in a wide...  |  Read More

Reimer, Craig
Craig E. Reimer

Mayer Brown

Ms. Reimer represents institutional administrative agents, secured lenders, indenture trustees, pension funds,...  |  Read More

Webb, A.J.
A.J. Webb

Frost Brown Todd

Mr. Webb counsels companies facing varying degrees of financial uncertainty and distress, working to proactively...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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