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Tenants › Leases › Commercial Bankruptcy

Bowditch & Dewey

Getting Paid in Bankruptcy – Part III, Landlords, Leases, and Licenses

Bowditch & Dewey on

In this series, we look at how various payment rights are treated in bankruptcy. A summary like this could not possibly address every right that might arise in any given bankruptcy case. We have omitted several of the...more

Bradley Arant Boult Cummings LLP

What General Counsel Should Know When a Company's Tenant Files for Bankruptcy

Bradley Arant Boult Cummings LLP on

Your tenant files for bankruptcy-what’s your move? Debtors who are lessees under real property leases have certain rights regarding their lease under § 365 of the Bankruptcy Code. Essentially, the debtor has two options: 1)...more

Burr & Forman

Who Will Think of the Tenants: Split in Authority Regarding the Interplay Between Bankruptcy Code Sections 363(f) and 365(h)(1)(A)

Burr & Forman on

A useful tool granted to trustees (and debtors-in-possession) in bankruptcy is the ability to assume or reject leases.1 The trustee can exploit this power to the estate's economic advantage, either assuming or rejecting the...more

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