Skip to Main Content
Services Talent Knowledge
Site Search
Menu

News

December 3, 2019

Law360: Retail Bankruptcies Raise Collection Questions for Landlords

Nic Ferland and Kevin Newman, both partners, and Scott Fleischer, counsel, recently had their “Retail Bankruptcies Raise Collection Questions for Landlords” article published by Law360. The article discusses what landlords can and can’t recover from a debtor-tenant while it is in bankruptcy as well as how various provisions of the federal Bankruptcy Code interact with the two main approaches utilized in different jurisdictions to determine whether leasehold obligations must be paid.

“Anyone can read the Bankruptcy Code provisions that apply most often in a retailer’s bankruptcy case. For landlords, however, it’s not that simple when their tenant is now a debtor in possession, or DIP, and they are left wondering what they can (and can’t) collect. Many of the most important concepts in retail bankruptcies—the automatic stay, stub rent, real estate taxes, and cure—are colored by case law interpreting the Bankruptcy Code and play out differently depending on where a bankruptcy case is filed.”

Read the full article here.

Subscribe

Click here to sign up for alerts, blog posts, and firm news.

Subscribe

Sign up to receive our latest news via email

Practice Areas

Featured Industries

New & Emerging Industry Practice Areas

Other

View our Privacy Policy

Featured Media

Alerts

NYS Office of Renewable Energy Siting Proposes New Rules Implementing the Major Renewable Energy Development Program

Alerts

Strict New Criteria for Community Medicaid Program Takes Effect October 1

Alerts

FERC Formalizes Its Practice That States Have a Full Year to Act on Section 401 Certification Requests for Natural Gas Act Infrastructure Projects

Alerts

Have You Received an "Urgent Notice" About Your Trademark?

Alerts

COVID-19: Anticipated RESTAURANTS Act of 2020 Will Establish a $120 Billion Fund for Assistance

Alerts

Post-ARRA COBRA Litigation May Signal COBRA Lawsuits to Come

This site uses cookies to give you the best experience possible on our site and in some cases direct advertisements to you based upon your use of our site.

By clicking [I agree], you are agreeing to our use of cookies. For information on what cookies we use and how to manage our use of cookies, please visit our Privacy Statement.

I AgreeOpt-Out