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David Mawhinney Writes “Understanding Landlord and Tenant Rights in Bankruptcy” for Banker & Tradesman

Banker & Tradesman has published “Understanding Landlord and Tenant Rights in Bankruptcy” by David Mawhinney. In light of the impact of the initial wave of COVID-19, commercial lease restructuring is expected to be crucial in business survival. Below is an excerpt from the article discussing some of the options tenants may have if their business files for Chapter 11 protections.

First, the bankruptcy code overrides automatic termination provisions that are triggered with the bankruptcy filing. Second, the tenant can reject a burdensome lease and pay the landlord what might be a fraction of the liquidated damages under the contract.

Continue reading the full article in Banker & Tradesman.

About the Authors

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David A. Mawhinney

David Mawhinney advises businesses and individuals in areas of commercial litigation, restructuring, and insolvency. He has represented regional and international companies, secured lenders, critical vendors, and equity sponsors in bankruptcy proceedings throughout the United States. In addition to debtor-side chapter 11 restructurings, David has extensive experience representing mortgage servicers in both corporate and consumer bankruptcy cases, and has defended all manner of trustee “claw back” lawsuits.

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About the Authors

David Mawhinney listing image.
Stay Connected
LinkedIn

Associate

David A. Mawhinney

David Mawhinney advises businesses and individuals in areas of commercial litigation, restructuring, and insolvency. He has represented regional and international companies, secured lenders, critical vendors, and equity sponsors in bankruptcy proceedings throughout the United States. In addition to debtor-side chapter 11 restructurings, David has extensive experience representing mortgage servicers in both corporate and consumer bankruptcy cases, and has defended all manner of trustee “claw back” lawsuits.

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LinkedIn

More Posts by Author ›

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