While many believe that the commercial real estate market may be turning the corner, others fear that the "wall of debt" (billions of dollars of commercial real estate loans coming due in the next few years) combined with a softness in the financial markets could lead to a new wave of distressed real estate projects and potential landlord bankruptcies.
There are important differences in the rules governing the treatment of leases in a landlord (as opposed to tenant) bankruptcy that can affect strategies designed to mitigate bankruptcy risk. This OnDemand Webinar will review the rules applicable to commercial leases in a landlord bankruptcy, highlighting differences from the better known rules in a tenant bankruptcy, explore some of the special issues that may come up in a landlord bankruptcy, and discusses some of the current issues. This program will give you the background you need to identify potential planning opportunities that may mitigate the effects of a landlord bankruptcy.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Bankruptcy Code Section 365
- Timing for Assumption or Rejection of a Lease by a Landlord Debtor
Landlord Rejection of Lease
- Special Tenant Rights
- Tenant Election to Retain Rights Under Lease
Landlord Assumption or Assignment of Lease
- Assumption Requirements
- Additional Requirements for Assignment
Tenant Security
- Tenant Improvement Allowance
- Tenant Security Deposit
- Setoff and Recoupment
Additional Issues
- Interaction of Section 365 and Section 363 (Sales) of Bankruptcy Code
- Sublandlord: Status as Both Tenant and Landlord
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on April 27, 2011.
Call 1-866-352-9540 for further credit information.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Vicki R Harding
Pepper Hamilton LLP
- Partner in the Real Estate Practice Group in the Detroit office of Pepper Hamilton LLP
- Handles commercial transactions with an emphasis on real estate and bankruptcy issues
- Has participated in various seminars on real estate bankruptcy issues
- Member of the American College of Real Estate Lawyers, and listed in The Best Lawyers in America in both Bankruptcy and Creditor-Debtor Rights Law and Real Estate Law, and in Who’s Who Legal: USA - Real Estate
- Admitted to practice in Michigan, Washington D.C. and Texas
- B.A. degree, University of Texas at Austin
- J.D. degree, Harvard Law School
- Can be contacted at [email protected] or 313-393-7324
Deborah Kovsky-Apap
Pepper Hamilton LLP
- Attorney in the Detroit office of Pepper Hamilton LLP
- Practice emphasizes all aspects of insolvency, debtors’ and creditors’ rights
- Regular invited speaker on bankruptcy topics such as assumption/rejection of contracts and leases
- Member of the American Bankruptcy Institute; board member of the International Women’s Insolvency and Restructuring Confederation
- Admitted to practice in New York, New Jersey and Michigan
- A.B. degree, Harvard College
- J.D. degree, Columbia University
- Can be contacted at [email protected] or 313-393-7331
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More Program Information
Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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