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Retail Law Advisor

Tag Archives: Bankruptcy

Bankruptcy Lease Auctions – Landlords Can Play Too

Posted in Bankruptcy, Leasing, Real Estate, Retail

Toys “R” Us filed for bankruptcy in September 2017, with hopes that a strong holiday season would facilitate a successful reorganization. After holiday sales proved to be far less lucrative than the company and its professionals had hoped, the announcement was recently made that the company would commence store closing sales at all 735 of its… Continue Reading

Recent Decisions Potentially Expand Scope of Landlords’ Bankruptcy Claims Beyond the Rent Cap

Posted in Bankruptcy, Landlords, Leasing, Tenant

When a tenant files for bankruptcy and rejects its lease, the Bankruptcy Code limits a landlord’s rejection claim to the amount of any unpaid rent and rent-related charges accrued prior to the tenant’s bankruptcy plus future rent and rent-related charges (e.g., common area maintenance charges, real estate taxes) reserved under the lease (without acceleration) for… Continue Reading

Buying Brands Out of Bankruptcy

Posted in Bankruptcy

In the wake of the economic downturn that began in 2008, several of America’s best-known brands have filed for bankruptcy protection. Click here for a slideshow presenting 15 household names that invoked the protections available in bankruptcy court during the downturn. Continuing economic uncertainty may cause more famous brands to seek bankruptcy protection, opening up… Continue Reading