Retail Leases In Bankruptcy And Reorganization

Law360, New York (November 18, 2011, 7:23 PM EST) -- When the economy runs into trouble, owners of commercial properties are brought face-to-face with a host of unpleasant surprises, not the least of which is discovering what happens to lease obligations when a retail tenant becomes involved in bankruptcy or reorganization proceedings. This has been particularly significant in the current recession, where a number of national retail chains have failed.

An aspect of the current recession that makes these concerns acute is the severe slump in real estate prices, which means that any existing lease is...
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