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Bankruptcy-RealEstate-Insights.com is published by Vicki R. Harding. She handles commercial transactions with an emphasis on real estate and bankruptcy issues, and has been listed in The Best Lawyers in America in both Real Estate Law and Bankruptcy and Creditor-Debtor Rights Law. The Bankruptcy-RealEstate-Insights.com blog explains the mysteries of bankruptcy law to real estate and acquisition lawyers. Understanding the treatment of real estate issues in bankruptcy and the unique aspects of buying assets out of bankruptcy can be invaluable in counseling clients and developing strategies.Subscribe Via RSS
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Tag Archives: lease
Exclusivity and Tenant Mix: The Case of the Missing Shopping Center
In re Toys “R” Us Prop. Co. I, LLC, 598 B.R. 233 (Bankr. E.D. Va. 2019) – The debtor proposed to assume and assign a lease to a discount grocer. The landlord objected based on the fact that a discount grocery … Continue reading
Landlord Bankruptcy: A Tenant Is Not Out of Options If the Landlord Rejects Its Lease
IDEA Boardwalk, LLC v. Revel Entertainment Group, LLC (In re Revel AC Inc.), 909 F.3d 597 (3rd Cir. 2018) – A tenant that elected to retain its rights under a commercial lease after a debtor landlord rejected the lease sought clarification … Continue reading
Shopping Center Leases: Some Ins and Outs of Use and Exclusivity Provisions
Toys “R” Us, Inc., 587 B.R. 304 (Bankr. E.D. Va. 2018) – The debtors sought court approval of the assumption and assignment of a shopping center lease. The landlord objected on the grounds that the assignment would not comply with exclusivity … Continue reading
Leases: Prepetition Termination May Be A Get Out of Bankruptcy Free Card – Or Not
In re Indiana Hotel Equities, LLC, 586 B.R. 870 (E.D. Mich. 2018) – The debtor leased nonresidential real property under a lease that was terminated before the bankruptcy petition was filed. The lessor filed a motion seeking a bankruptcy court order … Continue reading
Pre-Bankruptcy Lease Termination for Default: Will That Allow the Landlord to Escape Bankruptcy?
In re Chase Monarch Int’l. Inc., 581 B.R. 715 (Bankr. D Puerto Rico 2017) – A landlord sought immediate surrender of commercial leased premises on the basis that the lease was terminated prior to bankruptcy so that the debtor had no … Continue reading
Landlord Liens: When Is Waiver and Subordination Not Waiver and Subordination?
Franklin County Area Dev. Corp. v. Edge Pennsylvania, LLC (In re Edge Pennsylvania, LLC), 580 B.R. 120 (Bankr. M.D. Pa. 2017) – A commercial landlord brought a state court action to determine the priority of its landlord lien versus a lender’s … Continue reading
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