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What to Do When Your Lease Goes into Default

How bankruptcy filings and lease provisions dramatically impact both landlord and tenant rights under commercial lease agreements

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    Both Chapter 7 and Chapter 11 bankruptcies alter rights for landlords and tenants. Understanding which lease provisions are affected is critical to managing lease obligations in bankruptcy, including landlords’ rights to enforcement of lease restrictions and the ability collect rents. Tenants can utilize the Bankruptcy Code’s relief provisions to assume or reject a lease, limit breach and termination claims, and overcome anti-assignment provisions.

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    Jennifer Ioli Connelly, Esq., Sherin and Lodgen LLP, Boston
    Alex F. Mattera, Esq., Pierce Atwood LLP, Boston
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