Earlier this month, Mattress Firm, Inc., and its affiliated debtors (collectively, “Mattress Firm”) filed for chapter 11 protection in the United States Bankruptcy Court for the District of Delaware. Through
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Landlord / Lease Issues in Bankruptcy
Abengoa Court Enters Order Permitting Debtors to Reject Nonresidential Real Property Leases
Recently in the Abengoa SA bankruptcy proceeding (click here to review prior post), the United States Bankruptcy Court for the District of Delaware entered an order permitting Debtors to…
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Pacific Sunwear Files Chapter 11 Bankruptcy in Delaware – Commercial Landlords Beware
On April 7, 2016, Pacific Sunwear of California, Inc. (aka PacSun, aka Pacific Sunwear) filed for chapter 11 protection in the United States Bankruptcy Court for the District of Delaware.
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Commercial Landlord Dispute – Dismissal for Cause and the Interplay of Sections 349 and 1112
Not uncommonly, the timing of a commercial tenant’s bankruptcy filing will correspond with a landlord seeking to evict the tenant or institute foreclosure proceedings. What is the effect of a…
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Howry Creditors Commitee Appeals Decision Providing Priority Status to Landlords
In a prior post, we discussed the ruling of the Northern District of California Bankruptcy Court in the In re Howrey LLP case, whereby the Court found that claims…
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Priority Status Given to Claims of Landlords Against Involuntary Debtors
On August 11, 2015, the Bankruptcy Court for the Northern District of California ruled on an issue “of apparent first impression” that claims for unpaid rent brought by landlords for…
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Ten Things Every Commercial Landlord Should Know About a Tenant in Bankruptcy
With several significant recent bankruptcy filings such as RadioShack and Saladworks, tenant bankruptcies become a greater risk for commercial landlords. Yet some landlords are not familiar with the rights provided…
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RadioShack Corp. Bankruptcy: How can a landlord protect itself prior to and during bankruptcy?
With the RadioShack Corporation bankruptcy action affecting the rights of many commercial landlords, it is important to determine ways that landlords can protect themselves during the course of the bankruptcy…
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Can the landlord apply the tenant’s security deposit to the landlord’s claims?
Security deposits are considered property of the bankruptcy estate, and as such, are generally required to be returned to the debtor. Even so, landlords are permitted in certain instances to…
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When can a landlord recover attorneys’ fees from a tenant in bankruptcy?
Landlords may be able to recover attorneys’ fees incurred when a debtor-tenant seeks to assume the lease, or assume and assign the lease to a third party. To recover attorney’s…
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