Cleaning up After Debtor/Tenants

The Ninth Circuit has created a dubious distinction between tort-like damages and other non-rent damages that will undoubtedly spawn uncertainty and litigation. The authors explain why.

23 minute read February 26, 2008 at 08:53 AM

Adam J. Rosen And John C. Wright

The scenario is not all that unusual. The debtor files Chapter 11, rejects a commercial real property lease and moves out ' except the debtor leaves behind unwanted equipment, debris, and sometimes, damaged property.

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