Assignments of Retail Leases in Bankruptcy, Part 2 - On the Right Track?
Susan Talley & Harris Ominsky
42 PROBATE& PROPERTY MARCH/APRIL 2005 The first article of this series examined how bankruptcy courts have treated “key nonmoneetar clauses” in the context of assignments by a trustee for a tenanntdebtor or by a tenant/debtor in possession. It also explained the socallle Shopping Center Rule of Bankruptcy Code § 365. This article will examine more recent trends in bankruptcies of retail tenants and offer some suggestions to landlords when negotiating leases or facing a bankrupt retail tenant...