About the Rent . . . § 365, Stub Rent, and the Billing Date and Proration Rules


The premise is simple. A retailer is a tenant under an unexpired non-residential real property lease with a shopping center landlord. The tenant files a voluntary bankruptcy petition and becomes a debtor under Title 11 of the United States Code. Once the bankruptcy is filed, the debtor must pay the shopping center landlord rent (i.e., minimum rent and all additional rent under the lease) for its use and occupancy of the premises under § 365 of the Bankruptcy Code (11 U.S.C. § 101, et seq.) until the lease is assumed or rejected.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Katten Muchin Rosenman LLP | Attorney Advertising

Written by:


Katten Muchin Rosenman LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.