COVID Shutdown Orders v. Statutory Rent Obligations

Even though payment of post-petition rent under a nonresidential lease (prior to rejection) has historically been an absolute requirement, bankruptcy courts, as courts of equity, have the ability during these extraordinary times to take a more flexible approach.

8 minute readOctober 01, 2020 at 12:09 AM
By
Brett S. Theisen
Mark B. Conlan 
COVID Shutdown Orders v. Statutory Rent Obligations

Beginning in late March withIn re Modell's Sporting Goods, Inc., No. 20-14179 (Bankr. D.N.J.), some bankruptcy courts in retail Chapter 11 cases have been allowing debtors to suspend post-petition

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