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A Commercial Landlord's Rights in Bankruptcy

By A. Dennis Terrell and Marita E. Cammarano
June 26, 2008

Having a tenant in bankruptcy can be one of the most frustrating ' and costly ' experiences that a commercial landlord endures. Although the Bankruptcy Code requires tenants to remain current in payment of their post-petition rent, landlords are often held hostage to the process, stuck with a non-paying tenant in default and a bankruptcy court unwilling to turnover possession of the property. So, what is a landlord to do and how can a landlord maximize its recovery of pre- and post-petition rent in bankruptcy? This article presents the landlord's various options, explore its options and provide guidance on protections and rights that landlords possess.

The Post-Petition Impact of a Pre-Petition Termination of the Lease

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