Archive for the ‘bankruptcy’ Category


One of the quandaries of Chapter 11 bankruptcy law is understanding what is an “executory contract” and what is not; the distinction is critical for appreciating what obligations can be scraped off, like mud from your shoes, if you decide to take this route as a tactical way to save your business or your assets […]

Commercial Landlord Foxtrot

This is a time for calm. The Foxtrot, in ballroom parlance, is a “smooth” dance, noted for its elegance and artistry. Here are some reflections on how thoughtful landlords might think and proceed gracefully, navigating shoals littered with face-planted brothers and sisters. One: We’re all in this together. There are no tactics that will guaranty […]

China Syndrome

Lately I’m reminded of the Chinese curse wishing the listener “interesting times,” and the dynamic between desperate tenants with credit lines and inventory/equipment financiers, and frantic landlords with mortgages, has indeed been interesting of late. Seems like tenant inability to perform its commercial lease obligations is a recurring theme. So, what do the parties have […]