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.

Featured Media

Alerts

Website Accessibility Lawsuits: Mizrahi Kroub LLP, Attorneys for Serial Tester Plaintiffs, Now Targeting Businesses in New York State Court

Alerts

NYS Governor Hochul Vetoes Proposed Grieving Families Act

Alerts

New Notification Requirements for Industrial Development Agencies

Alerts

HHS OCR Bulletin: Health Care Providers' Websites and Apps Could Contain HIPAA-Noncompliant Tracking Technologies

Alerts

EPA Finalizes Waters of the United States Rule

Alerts

New York State's Highest Court Rejects Untimely $2.4 Million Claim for Reformation of Insurance Policy

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