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Commercial Tenant Rights When The Landlord Files Bankruptcy
When a commercial landlord files bankruptcy, what are the rights of a tenant? Bill Siegel explains where the tenant must continue to perform, the choices a tenant may have, and what happens when the lease is assumed and/or assigned to a third party.
Adequate Assurance for Lease Assumption Doesn’t Require Guarantees
Bill Siegel explains In re Broadway Realty I Co. LLC - related to adequate assurance for lease assumption, guarantees, and the "Shopping Center Exception" in bankruptcy.
Can a Lease Rejection be Retroactive to a Bankruptcy Filing Date?
Bill Siegel discusses In re Mallett, Inc., and the question of whether rejection of a lease could be retroactive - where breach and bankruptcy are involved.
Is Commercial Lease Termination a Fraudulent Transfer? Circuit Courts Differ
Bill Siegel looks at whether commercial lease termination is a fraudulent transfer - and the differing outcomes in the Seventh and Third Circuit Courts of Appeals.
Mall of America Fails to Pay Mortage – Sign of Things to Come for Other Malls and Shopping Centers?
People talk about retail tenants being in financial disarray and filing bankruptcy, but what about our malls and shopping centers? They are hurting, too. If their tenants are not paying […]
