Retail Bankruptcies Raise Collection Questions For Landlords

Law360 (December 2, 2019, 4:42 PM EST) -- Anyone can read the Bankruptcy Code provisions that apply most often in a retailer’s bankruptcy case. For landlords, however, it’s not that simple when their tenant is now a debtor in possession, or DIP, and they are left wondering what they can (and can’t) collect. Many of the most important concepts in retail bankruptcies — the automatic stay, stub rent, real estate taxes and cure — are colored by case law interpreting the Bankruptcy Code and play out differently depending on where a bankruptcy case is filed.

There are two approaches taken by bankruptcy courts around the country when it comes...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!