Skip to Main Content
Services Talent Knowledge
Site Search
Menu

News

October 25, 2023

Scott Fleischer Interviewed on CRE Fast Five: Secret Sauce

Scott Fleischer, counsel, was interviewed by Karly Iacono, senior vice president of CBRE Investment Properties, for “Landlord Strategies for Retail Bankruptcies,” an episode of the CRE Fast Five: Secret Sauce podcast. Scott told Karly about Barclay Damon and his role at the firm. He and Karly discussed what landlords should do if they learn that one of their retail tenants is considering filing or has already filed for Chapter 11 bankruptcy. Scott noted that it’s a tenant-specific approach. However, if the tenant does file for bankruptcy, the best thing for the landlord to do is act (read: react) quickly.

Scott also provided insight on the following topics:

  • How long the period is between when there is a filing and when the actual court date happens.
  • Emergency action plans for if a tenant plans to file for Chapter 11 bankruptcy and whether they’re a useful tool.
  • The differences between filing designations (Chapter 7 and Chapter 11) and how they may affect a landlord’s actions.
  • Retailers’ options with their leases if they’re facing bankruptcy and what happens to retailers’ arrears under these different scenarios.
  • What a landlord should do if their tenant starts becoming late on their rent.
  • Who’s on the “bankruptcy watch list.”
  • COVID-19-related changes to leases that have affected landlords’ rights, and things landlords should be paying special attention to in lease clauses in terms of potential future bankruptcy concerns.
  • Common misconceptions about bankruptcy law.

Click here to watch the full episode.
 

Subscribe

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

Featured Media

Alerts

Key Affordable-Housing Provisions in the One Big Beautiful Bill Act

Alerts

What the One Big Beautiful Bill Act Means for Clean-Energy Tax Credits

Alerts

One Big Beautiful Bill Act Changes Tax Incentives for Charitable Giving

Alerts

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Wislande Claude, Felipe Fernandez, Howard Wilson, Lisa Cantwell, and Erika Alexandria—Targeting Businesses in Recent Flurry of Lawsuits

Alerts

NYS Appellate Court Holds Family Members Are Not Bound by Arbitration Agreement Signed by Deceased Relative

Alerts

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Milagros Senior, Sylinia Jackson, Edery Herrera, Henry Tucker, and Carlton Knowles—Targeting Businesses in Recent Flurry of Lawsuits