
Bankruptcy Provisions in Retail Leasing: What Landlords and Tenants Need to Know
Bankruptcy can quickly change the economics, timing and remedies available under a retail lease, making advance planning critical for landlords and tenants. In this episode of "Real Estate Law Unlocked," real estate attorney Isabel Diaz joins Tyler Layne, co-leader of Holland & Knight's Bankruptcy, Restructuring and Creditors' Rights Group, to examine how bankruptcy can affect retail leases and why careful drafting matters before financial distress arises. They discuss what happens when a tenant or landlord files for bankruptcy, including lease assumption, assignment and rejection, the automatic stay and post-petition obligations. They also explore how landlords and tenants can protect their positions in both Chapter 11 and Chapter 7 proceedings through clear lease provisions, credit support and an understanding of the practical limits the U.S. Bankruptcy Code can place on negotiated remedies.















