Assumption and Assignment of Retail Leases in Bankruptcy: Determining Adequate Assurance of Future Performance
Curing Defaults, Post-Petition Rent, Negotiating Lease Amendments, Due Diligence on Assignees, Recent Cases
A live 90-minute CLE video webinar with interactive Q&A
This CLE course will offer bankruptcy practitioners insight into key considerations and best practices concerning Bankruptcy Code Section 365's requirements for assuming and assigning retail leases, enhanced protections for certain landlords, curing defaults, establishing and providing adequate assurance of future performance including Section 365(l), current issues related to the tenant-debtor's post-petition rent and other obligations, negotiating lease amendments, and recent cases.
Outline
- Post-petition obligations under leases/contracts
- Debtor's business judgment under Section 365
- Assumption and cure of defaults: adequate assurance of future performance
- Assumption and assignment: adequate assurance of future performance
- Additional protections for shopping center leases
- Due diligence on prospective assignees
- Negotiation of lease amendments during a retail bankruptcy case
- Landlord interests
- Assignee/tenant interests
- Recent cases
Benefits
The panel will review these and other important issues:
- What are best practices for conducting due diligence of prospective assignees?
- How have courts interpreted Section 365(b)(3)(A)?
- Is Section 365(l) underutilized and what are best practices for leveraging it?
- How are post-assumption defaults dealt with?
Faculty
Gregory V. Demo
Attorney
Pachulski Stang Ziehl & Jones
Mr. Demo regularly represents hedge funds and other significant holders of securities in connection with complex... | Read More
Mr. Demo regularly represents hedge funds and other significant holders of securities in connection with complex chapter 11 reorganizations. In addition, he is part of the team handling insolvency-related sales and acquisitions. Mr. Demo is adept at creating litigation strategies for investments in state, federal, and bankruptcy court and overseeing all aspects of the implementation of such strategies.
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Amy E. Vulpio
Partner
White and Williams
Ms. Vulpio focuses her practice on creditor and debtor representation, bankruptcy appellate work and bankruptcy-related... | Read More
Ms. Vulpio focuses her practice on creditor and debtor representation, bankruptcy appellate work and bankruptcy-related commercial litigation. Her experience representing both creditors and debtors gives her the breadth of perspective needed to advise her clients as to the priorities and motivations of the party across the table. Using this understanding, Ms. Vulpio works closely with her clients to formulate creative legal strategies and helps her clients achieve their goals through negotiation or litigation.
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