White Paper

8 Pages
  • 8 Pages

Collection Techniques for Landlords: Assumption, Assignment and Rejection of Lease


Review traditional and alternate collection techniques.

For many commercial landlords, consistent receipt of rent and other tenant charges is the key to their business. Most leases outline specific collection techniques and security mechanisms, such as security deposits and guaranties, intended to ensure that the landlord receives rent and other tenant charges consistently. This white paper looks at assumption, assignment and rejection of lease; as well as the tenant's obligations during the gap period.



Jill L. Nicholson

Jill L. Nicholson

Foley & Lardner LLP

  • Partner and trial lawyer with Foley & Lardner LLP and is the immediate past chair of the firm’s national Bankruptcy & Business Reorganizations Practice, where she served in that role for eight years; she is also a member of the firm’s Real Estate Practice
  • Concentrates her practice on commercial bankruptcy and insolvency matters, creditors’ rights, out-of-court workouts and restructurings, and complex multidistrict financial services litigation
  • Represented a broad array of clients in bankruptcy and insolvency proceedings, including secured lenders, special servicers, corporate boards, officers, directors, manufacturers, creditors’ committees, SIPA trustees, bondholder committees, unsecured creditors, Chapter 11 debtors, indenture trustees, commercial landlords, governmental agencies, and federally chartered entities; has also served as a court-appointed receiver for the Securities & Exchange Commission; her experience encompasses all facets of bankruptcy and insolvency, including Chapter 11 plan restructuring and related litigation, 363 sales, valuation disputes, single asset real estate, debtor-in-possession financing, tax credit bond finance deals, adversary actions, bankruptcy appeals, assignments for the benefit of creditors, broker-dealer liquidations, and receiverships
  • Counsels a number of Fortune 500 companies regarding best practices with respect to bankruptcy and insolvency issues, including distressed real estate, commercial lending, special servicing, and automotive restructuring
  • Selected by her peers for inclusion in The Best Lawyers in America© in the fields of bankruptcy and creditor-debtor rights/insolvency and reorganization law, 2021-2022; additional awards/recognition include, Woman Leadership Award for Woman Leader of the Year with over 20 years’ experience and in recognition of talents and contributions in restructuring industry by Global M&A Network, 2021; immediate Past Chair of Foley & Lardner National Bankruptcy & Restructuring Practice, 2011-2019; top bankruptcy and restructuring lawyer, Chambers USA, 2016-2021; Top 100 Lawyers in Illinois and Top 50 Women Lawyers in Illinois, Super Lawyers, 2015-2022; BTI Client Service All Star for superior client service, 2019; one of 335 attorneys in the United States selected by in-house corporate counsel of Fortune 1000 companies for superior client focus, understanding of clients’ businesses, technical legal skills, and innovative thought leadership; selected by Leading Lawyers for Commercial Bankruptcy & Workout Law, Commercial and Creditors’ Rights, 2017-2020; Top 500 Leading U.S. Bankruptcy and Restructuring Lawyers, Lawdragon, 2020-2022; Top 100 Restructuring Professional, Global M&A Network, 2013-2016; Top 100 most influential and innovative consultants, investment bankers, lawyers, and providers from the restructuring, distressed M&A and insolvency communities; featured by Law360 as a Female Powerbroker in the legal industry, 2014; Leading Lawyer, finance – corporate restructuring, Legal 500 US, 2010 and 2013-2015; Top 12 Outstanding Young Restructuring Lawyers under the age of 40 in the United States, Turnarounds & Workouts magazine, 2013; peer review rated with the highest rating in the Martindale-Hubbell Law Directory®; Senior Fellow of the Litigation Counsel of America; board certified as a business bankruptcy specialist, American Board of Certification; served as an adjunct professor of Bankruptcy Law at Washington University School of Law, 2007-2017
  • J.D. degree, with honors, University of Illinois College of Law; undergraduate degree, with honors, University of Chicago
  • Can be contacted at [email protected]
Dean M. Victor

Dean M. Victor

Foley & Lardner LLP

  • Special counsel in Foley & Lardner LLP Chicago office
  • Member of Foley’s Business Litigation and Dispute Resolution Practice
  • Extensive experience representing developers, lenders, land-owners, lessors and lessees in all types of real estate related litigtion, including landlord-tenant disputes, condemnations, commercial foreclosures and ad valorem tax protests
  • Former supervisor of the Real Estate Tax Division of the Cook County, Illinois State’s Attorney’s Office
  • Representatives range from family businesses to national companies and not-for-profit organizations
  • Member of the Illinois State Bar Association
  • J.D. degree, John Marshall Law School; undergraduate degree, University of Wisconsin-Madison
  • Can be contacted at [email protected]
Kelly C. Spicher, , Esq.

Kelly C. Spicher, , Esq.

Foley & Lardner LLP

  • Senior counsel in the San Diego office of Foley & Lardner LLP and a member of the Business Law Department
  • Member of the Real Estate Practice, her practice focuses on real estate matters undertaken by national and international businesses, developers, REITs, and financial institutions
  • Member of the Environmental Regulation Practice and the Hospitality, Resort & Golf Industry Team
  • Substantial experience in a wide array of real estate matters and transactions, including acquisitions, dispositions, financing, commercial leasing, development projects, property management and joint ventures
  • Extensive experience in all aspects of the due diligence process, including the review and analysis of title and survey matters, land use entitlements, zoning, operating contracts and leases
  • Invited to join the Florida chapter of the Order of the Coif and has received the University of Florida's Book Award for both legal research and writing, and land use and planning
  • Admitted to practice in California and Florida
  • J.D. degree, University of Florida Levin College of Law; B.A. degree, Indiana University
  • Can be contacted at [email protected]

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