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'Use Clauses' and the Bankruptcy Code: A Cautionary Tale

The recent Chapter 11 bankruptcy of Trak Auto Corporation ("Trak Auto"), the retail auto parts chain, has yielded a reported decision of the U.S. Fourth Circuit Court of Appeals that offers some insights for landlords on how "use clauses" in leases will be put under the bankruptcy microscope. <i>In re Trak Auto Corporation</i>, 42 B.R. 255 (4th Cir. 2004).

13 minute read July 29, 2004 at 09:28 AM
By
James A. Vidmar, Jr.
'Use Clauses' and the Bankruptcy Code: A Cautionary Tale

The recent Chapter 11 bankruptcy of Trak Auto Corporation (“Trak Auto”), the retail auto parts chain, has yielded a reported decision of the U.S. Fourth Circuit Court of Appeals that offers some insights for landlords on how “use clauses” in leases will be put under the bankruptcy microscope.

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