Personal Guaranty of Commercial Lease Held Discharged in Guarantor's Bankruptcy

As we prepare for the anticipated increase in bankruptcy filings caused by the COVID-19 pandemic's impact on the economy, many practitioners are trying to compare this to the savings and loan crisis of the late 1980s. One of the issues that keeps coming up cycle after cycle is whether a personal guaranty of a commercial lease is discharged in the bankruptcy of the individual guarantor. Court decisions have split on this issue for years.

7 minute read May 01, 2020 at 12:03 AM
By
Andrew C. Kassner and Joseph N. Argentina Jr.
Personal Guaranty of Commercial Lease Held Discharged in Guarantor's Bankruptcy

As we work remotely and prepare for the anticipated increase in bankruptcy filings caused by the COVID-19 pandemic impact on the economy, many practitioners are trying to compare this cycle to cycles past, going back all the way to the savings and loan crisis of the late 1980s.

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