Tenant Bankruptcy: Assumption and Rejection of Commercial Leases
Protecting Landlord and Tenant Interests Under the Bankruptcy Code
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide practitioners with a review of commercial lease treatment under the Bankruptcy Code, discuss the debtor’s right to assume, reject or assign executory leases, and outline best practices for both landlords and tenants seeking to protect their rights and interests in the lease.
Outline
- Debtor’s lease obligations pending assumption or rejection
- Debtor’s rejection of lease and damages cap
- Debtor’s assumption of lease and adequate assurance of future performance
- Assumption/rejection deadlines
Benefits
The panel will review these and other key questions:
- Is the debtor obligated to pay all amounts arising from its post-petition lease obligations if there are insufficient funds to satisfy other administrative expense claims?
- What factors will the court consider in allowing the debtor to renew a lease pending assumption or rejection despite uncured defaults?
- What is the debtor's burden of providing adequate assurance of future performance when seeking to assume a lease?
- What has been the impact of the tight deadlines for assuming or rejecting leases in debtor reorganizations and how can landlords leverage that advantage?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Faculty
George M. Cheever
Of Counsel
K&L Gates
Mr. Cheever represents debtors, lenders, trade suppliers, landlords, and other creditors, purchasers of assets of... | Read More
Mr. Cheever represents debtors, lenders, trade suppliers, landlords, and other creditors, purchasers of assets of bankrupt businesses, and creditor and equity security holder committees. He handles preference and avoidance litigation, the purchase and sale of bankruptcy claims, reclamation proceedings, automatic stay litigation, bankruptcy sales, contested plan confirmation hearings, and DIP financing.
CloseGriffin S. Dunham
Atty
MGLAW
He concentrates his practice in the areas of Chapter 11 bankruptcy reorganizations, insolvency and distressed business... | Read More
He concentrates his practice in the areas of Chapter 11 bankruptcy reorganizations, insolvency and distressed business restructuring matters, and commercial litigation involving business and individual clients. He assists businesses restructure debt through loan modifications and lender workouts. He has significant experience representing creditors to maximize recovery in bankruptcy proceedings.
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