When a Lease Is Being Assigned, Landlords Must Act
As any commercial landlord who has been through a tenant’s bankruptcy is aware, the tenant must accomplish three things to assume and assign a real property lease under Bankruptcy Code Section 365:
Cure all monetary and nonmonetary defaults capable of being cured.
Provide
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Ivan M. Gold is of counsel to the law firm of Allen Matkins Leck Gamble Mallory & Natsis LLP in its San Francisco office. He has over 30 years of experience in the representation of landlords and managers of commercial properties in the retail, restaurant, office, industrial, and technology sectors in Chapter 7 and Chapter 11 cases throughout the United States, as well as counseling landlords in assignments for the benefit of creditors in state court insolvency proceedings.
Sean Williams is an associate at Levenfeld Pearlstein LLC. He assists debtors, creditors, creditors’ committees, landlords, and purchasers of assets in bankruptcy courts throughout the country. He represents purchasers and sellers in out-of-court restructurings and distressed asset sales. Williams also has experience in general commercial litigation matters, with substantial experience prosecuting and defending large preference and fraudulent transfer actions in bankruptcy cases.
Harold D. Israel is a partner at Levenfeld Pearlstein LLC, where he represents companies and fiduciaries (boards of directors, assignees, trustees, and receivers), landlords, and unsecured creditors in in-court and out-of-court workouts and restructurings throughout the U.S. Israel also represents companies seeking to expand their business base by buying financially troubled companies, creditors’ committees, parties in mass tort bankruptcies, and lenders and equity sponsors in asset-based lending, foreclosure, and debtor-in-possession financing transactions.
Privacy and Security Best Practices in M&A Transactions
By Elizabeth (Lisa) B. Vandesteeg, Heidi Hockberger, Lauren Wiley is a corporate associate at Levenfeld Pearlstein LLC. She advises clients on a variety of corporate matters, including mergers and acquisitions, contract negotiation and drafting, corporate governance, and private equity transactions. In addi
