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Abengoa Court Enters Order Permitting Debtors To Reject Nonresidential Real Property Leases
Recently in the Abengoa SA bankruptcy proceeding, the United States Bankruptcy Court for the District of Delaware entered an order permitting Debtors to reject certain nonresidential real property leases.
United States
3 May 2016
2
Commercial Landlord Dispute Ė 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.
United States
1 Oct 2015
3
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...
United States
8 Sep 2015
4
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.
United States
8 Apr 2015
5
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 action.
United States
1 Apr 2015
6
Can The Landlord Apply The Tenantís Security Deposit To The Landlordís Claims?
Security deposits are considered property of the bankruptcy estate, and as such, are generally required to be returned to the debtor.
United States
23 Mar 2015
7
When Can A Landlord Recover Attorneysí Fees From A Tenant In Bankruptcy?
Landlords may be able to recover attorneysí fees incurred when a debtor-tenant seeks to assume the lease, or assume and assign the lease to a third party.
United States
18 Mar 2015
8
How Does A Landlord Recover Its Administrative Rent Claim?
Section 365(d)(3) of the Bankruptcy Code requires the debtor-tenant to "timely perform all the obligations Ö. under any unexpired lease of nonresidential real property" until such time that the tenant assumes or rejects the lease.
United States
13 Mar 2015
9
What Are The Landlordís Rights When The Tenant Assumes And Assigns The Lease To A Third-Party?
In conjunction with assuming the lease, the Bankruptcy Code allows the debtor-tenant to assign the lease to a third party.
United States
3 Mar 2015
10
What Are The Landlordís Rights When The Debtor-Tenant Decides To Assume The Lease?
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 order to "assume" a lease.
United States
24 Feb 2015
11
What Are A Landlordís "Rejection Damages?"
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.
United States
19 Feb 2015
12
What Is The Status Of A Tenantís Rental Obligations While Landlord Is In Bankruptcy?
Section 365(d) of the Bankruptcy Code requires the debtor-tenant to satisfy all the terms under the lease during the post petition period until the tenant either rejects the lease, or assumes and assigns it to a third-party.
United States
9 Feb 2015
13
How Does The "Automatic Stay" Of The Bankruptcy Code Apply To Landlords?
The automatic stay is one of the most powerful protections provided to debtors in a bankruptcy proceeding.
United States
2 Feb 2015
14
What Effect Does A Tenantís Bankruptcy Have On A Lease?
Once a tenant files for bankruptcy, it has three options regarding the lease: it can assume the lease and continue performing all obligations, or assume and assign the lease to a third party, or reject the lease and surrender the premises and terminate performance.
United States
26 Jan 2015
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