Empty Bankruptcy Win for Commercial Landlord

In In re Sears Holdings Corporation, the Second Circuit apparently ended a multi-year litigation by affirming the district court’s decision that the landlord’s appeal was “moot for lack of a remedy because, although [that] court [had properly] vacated the assignment and assumption of the lease …, the lease would not revert to [the landlord under Code] §365(d)(4), and that [the landlord] had no alternative remedy.”

9 minute readFebruary 01, 2025 at 12:11 AM
By
Michael L. Cook
Empty Bankruptcy Win for Commercial Landlord

Bankruptcy Code “[§]365(d)(4) does not apply to the [purported lease] because it is not a ‘true lease,’” held the Second Circuit inIn re Sears Holdings Corporation, 2024 WL

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