Bankruptcy
Negotiating and Drafting Commercial Leases
Blank Rome partner Ira L. Herman authored Chapter 28, titled “Bankruptcy,” in Negotiating and Drafting Commercial Leases (2022, Full Court Press). The book offers a practical roadmap through the entire negotiation process, and reviews the clauses of a typical complex modern lease in detail, with explanation and commentary, examining the legal, economic, and financial accounting ramifications.
In his chapter, Mr. Herman discusses:
- The Bankruptcy Code and Rules: An Overview
- Principal Code Sections and Rules Applicable to Commercial Leasing Transactions
- Leases and Contracts: The Effect of Bankruptcy
- Assumption and Its Effects on Landlords and Tenants
- Rejection and Its Effect on Landlords and Tenants
- Bankruptcy Risks Associated with Prefiling Date Lease Restructuring and Termination Agreements
- Sample Bankruptcy Clause
- Bankruptcy Definitions and Terms of Art
- What to Do When a Petition Is Filed by a Tenant
- Bankruptcy Code Amendments to Section 365
To read the full chapter, please click here.
To learn more about Negotiating and Drafting Commercial Leases, or to purchase a copy, please click here.