Broadcast Date: Wednesday, December 11, 2024
from 12:00 pm to 1:00 pm (ET)
Overview:
In today’s complex legal environment, understanding the nuances of commercial tenant bankruptcy is paramount for landlords to protect their interests.
In this CLE webcast, Richard H. Golubow of Winthrop Golubow Hollander, LLP and Ivan M. Gold of Allen Matkins will provide an in-depth discussion about the intricacies of commercial tenant bankruptcy, covering crucial topics such as lease rejection, damage claims, and legal obligations for landlords. Gain a deeper understanding of the legal landscape surrounding commercial tenant bankruptcy and equip yourself with practical strategies to safeguard your clients’ rights and interests.
Key topics to be covered include:
- Understanding the Legal Framework of Commercial Tenant Bankruptcy
- Navigating Lease Rejection and Damage Claims
- Legal Obligations and Rights for Landlords
- Addressing Emerging Challenges in Commercial Tenant Bankruptcy
- Implementing Best Practices for Landlords in Bankruptcy Proceedings
Credit:
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-Demand Webcast
Prerequisite:
Basic Knowledge of Commercial Leasing and Bankruptcy Law
Course Code:
1411241
Total Credit:
CLE Credit:
CA CLE 1.00 General - Approved Until: 12/11/2026
PA CLE 1.00 General - Approved Until: 12/11/2026
VT CLE 1:00 General - Approved Until: 12/31/2025
NJ CLE 1:00 General - Credits through Reciprocity
NY CLE 1:00 Areas of Professional Practice - Credits through Reciprocity
AR CLE 1:00 General - Credits through Reciprocity
CT CLE 1:00 General - Credits through Reciprocity
NH CLE 1.00 General – Meets the requirements of NH Supreme Court Rule 53
MO CLE 1.00 General - Approved Until: 12/11/2024
TN CLE 1.00 General - Approved Until: 12/11/2025
WI CLE 1.00 General - Approved Until: 12/31/2025
MS CLE 1.00 General - Approved Until: 12/11/2025
GA CLE 1.00 General - Approved Until: 12/31/2024
Self-Apply:
AL, CO, DE, FL, ID, IN, IO, KS, KY, LA, NC, ME, MN, MT, NE, NV, NM, ND, OH, OK, OR, SC, TX, UT, VA, WA, WV, WY
If you’d like us to apply for CLE, you may opt to pay the CLE processing fee here.
No MCLE Requirements:
DC, MD, MA, MI, SD
Not Eligible for CLE:
AK, AZ, HA, IL
How to Claim CLE Credits Per State:
https://knowledgewebcasts.com/how-to-claim-cle-credits-per-state/
CLE State Requirements:
https://knowledgewebcasts.com/cle-state-requirements/
CPE State Requirements:
Speaker Panel:
Richard H. Golubow, Managing Partner
Winthrop Golubow Hollander, LLP
Richard H. Golubow is a founder and managing partner of Winthrop Golubow Hollander, LLP, a financial restructuring, insolvency, and bankruptcy law firm headquartered in Newport Beach, California, and with offices in New York. He devotes his practice to and has extensive experience in the areas of Chapter 11 reorganizations, complex bankruptcy litigation, liquidations, out-of-court workouts, acquisitions and sales of distressed assets, Uniform Commercial Code Article 9 foreclosure sales, general assignments for the benefit of creditors, and receiverships. Richard has a diverse client base that includes representation of debtors, creditors, creditor committees, trustees, assignees for the benefit of creditors, receivers and asset purchasers in a wide range of industries. He has also been consulted and retained as a bankruptcy, insolvency and financial restructuring expert, and formally designated as a bankruptcy law expert on several occasions. Richard has been frequently honored or recognized as the recipient of bankruptcy or financial restructuring attorney awards by several leading international organizations and financial publications.
Ivan M. Gold, Of Counsel
Allen Matkins
Ivan is of counsel in our San Francisco office, where he represents clients in all areas of real estate-related litigation in state and federal courts, as well as contested matters and adversary proceedings in bankruptcy court. He has extensive experience in breach of lease and unlawful detainer litigation and pre-litigation counseling and negotiation involving a wide variety of commercial real estate, including neighborhood and regional shopping centers, office buildings, warehouse and industrial properties, data centers, restaurants, and hotels. Ivan represents shopping center developers and landlords of office and data center properties in major bankruptcy proceedings throughout the United States. He has utilized alternative dispute resolution in a wide variety of disputes, including arbitration, mediation, and private judge proceedings.
Agenda:
Richard H. Golubow, Managing Partner
Winthrop Golubow Hollander, LLP
and
Ivan M. Gold, Of Counsel
Allen Matkins
- Pre-petition planning for Debtors and Landlords including timing of filing – steps to follow
- Above market
- Below market
- Costs to move
- Timing to move
- Cost to cure more than or less than cost to move?
- Billing date v. Proration
- Stub period – timing to file . . where did you file – is billing date or proration the operative analysis
- Negotiate pre petition for better terms
- Advice to landlord client when tenant in distress
- Why cure the default?
- Draw down on Letter of Credit?
- Draw down on security deposit?
- What to do when a Commercial Tenant Files for Bankruptcy
- What actions are landlord and tenant allowed or prohibited from taking with respect to the lease and the parties’ obligations?
- How will the bankruptcy proceeding affect the parties’ rights and obligations under the lease?
- What happens if the tenant stops paying rent or rejects the lease during the bankruptcy?
- How does a tenant’s sale impact the lease and premises?
- Debtor’s Post-Petition Performance
- Stub Rent
- Assumption, Assignment, and Rejection of Leases
- Ipso Facto Clauses
- Assumption
- Assignment
- Rejection
- Calculating Damages
- Pre-petition rent
- Post-petition rent
- Rejection Damages Capped
- Capped damages calculated
- Not Capped damages
- Letter of Credit and other special issues
Date & Time:
Wednesday, December 11, 2024
12:00 pm to 1:00 pm (ET)
Who Should Attend:
- Real Estate Lawyers
- Bankruptcy Lawyers
- Real Estate Managers
- Property Managers
- Commercial Leasing Professionals
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