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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Commercial Landlords
Howry Creditors Commitee Appeals Decision Providing Priority Status to Landlords
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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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Ten Things Every Commercial Landlord Should Know About a Tenant in Bankruptcy
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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?
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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?
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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?
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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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How does a landlord recover its administrative rent claim?
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Section 365(d)(3) of the Bankruptcy Code requires the debtor-tenant to “timely perform all the obligations …. under any unexpired lease of nonresidential real property” until such time that the tenant…
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What are the landlord’s rights when the tenant assumes and assigns the lease to a third-party?
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In conjunction with assuming the lease, the Bankruptcy Code allows the debtor-tenant to assign the lease to a third party. The party who is assigned the lease must provide the…
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What are the landlord’s rights when the debtor-tenant decides to assume the lease?
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Assumption of the lease is permissible even if the terms of the lease expressly prohibit assumption. Section 365 of the Bankruptcy Code requires a debtor-tenant to meet certain criteria in…
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What are a Landlord’s “Rejection Damages?”
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If the debtor-tenant seeks to terminate and surrender the lease, that is “reject it”, the landlord may be entitled to a “rejection damage” claim. A landlord is not entitled to…
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