A Clash Between 'Free and Clear' and Tenants' Rights Under the Bankruptcy Code's Section 365(h)

With the recent carnage in the retail industry, including Sears and many other retailers of all shapes and sizes, a lot of attention goes to the fate of landlords when their tenants seek bankruptcy protection.

9 minute read April 01, 2019 at 12:05 AM
By
Albena Petrakov
A Clash Between 'Free and Clear' and Tenants' Rights Under the Bankruptcy Code's Section 365(h)

With the recent carnage in the retail industry, including Sears, The Mattress Firm, Nine West, Claire's, The Bon-Ton Stores, The Walking Company, Brookstone, and many other retailers of all shapes and sizes, a lot of attention goes to the fate of landlords when their tenants seek bankruptcy protection.

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