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

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

Albena Petrakov

With the recent carnage in the retail industry, a lot of attention goes to the fate of landlords when their tenants seek bankruptcy protection. A recent case that brings balance is <i>Revel AC Inc. v. IDEA Boardwalk, LLC</i>.

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Case Notes Image

Case Notes

ssalkin

Contractual Allocation of Damage Risk Thwarts Insurer's Subrogation Claim<br>Lacking Specifics, Lease Term Is Unenforceable

Features

10 Categories of Provisions to Consider in any Commercial Lease Image

10 Categories of Provisions to Consider in any Commercial Lease

Alan Nochumson

Part One of a Two-Part Article When entering into a lease for commercial space, there are some items that should not be overlooked. Landlords and tenants alike should make sure that the following things are addressed in the lease, one way or another.

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Inheriting Tenants in Default? Image

Inheriting Tenants in Default?

Ira Fierstein & Michelle Palka

An Illinois Appellate Court recently ruled in favor of a commercial tenant after a new owner acquired a commercial building and attempted to collect accrued unpaid rent owed to the previous landlord.

Features

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

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

Albena Petrakov

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.

Columns & Departments

Case Notes Image

Case Notes

ssalkin

First Court's Lack of Jurisdiction over Cause of Action Means Second Action Is Not Barred

Features

'Sophisticated' Losers Image

'Sophisticated' Losers

Joseph I. Farca

Why Commercial Fraud Claims Sometimes Fail, and the Importance of Due Diligence If a court decision called you "sophisticated," it was probably not intended as a compliment, but instead signaled the death knell of your fraud claim.

Features

Management Fees: Make Sure Your Lease Is Clear Image

Management Fees: Make Sure Your Lease Is Clear

Missy McCoy

There is no uniform approach relating to management fee provisions in leases, and courts will recognize inequities in the charging and payment of management fees when lease terms are ambiguous or a landlord or tenant fails to comply with the terms of its lease.

Features

A Guide to Becoming an Opportunity Zone Sponsor Image

A Guide to Becoming an Opportunity Zone Sponsor

Kelsi Maree Borland

There is a frenzy of excitement about the prospect of opportunity zone investments, but a number of investors are also considering becoming sponsors of the new fund model. While organizing a fund may seem simple, especially for experienced real estate sponsors, the opportunity zone model is actually complex.

Columns & Departments

Case Notes Image

Case Notes

ssalkin

Contractual Allocation of Damage Risk Thwarts Insurer's Subrogation Claim<br>Lacking Specifics, Lease Term Is Unenforceable

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