Excerpt from Practical Guidance

Understanding Landlord's Risks In Tenant Bankruptcy

Law360, New York (April 13, 2015, 11:35 AM EDT) -- There are numerous issues to consider regarding leases of commercial real property in the context of a bankruptcy filing. One such issue is the risk faced by the landlord regarding the payment of rent during the time period before the debtor assumes or rejects the lease, in terms of both the amount and the timeliness of such payments. The majority view is that a landlord is entitled to payment of the rent reserved by the lease for the period between the filing date and before rejection or assumption of the lease regardless of whether or not the debtor has vacated the property. Another related issue is the risk faced by the landlord in connection with the payment of administrative rent after a lease has been rejected, as well as the potential for lease recharacterization....

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