The Good, The Bad and The Ugly: Still Trying to Draft Around the Bankruptcy Code?

In a revival and update of a prior program, this seminar will address the general lack of success of transactional real estate attorneys' efforts to “draft around” certain provisions of the Bankruptcy Code. We will highlight and explain why many commonly utilized lease provisions are not enforceable in a bankruptcy context and identify approaches for drafting “into” the Bankruptcy Code through alternative lease provisions. Using examples of actual lease language, good, bad and ugly, we will discuss how to tailor certain lease provisions to increase their effectiveness for a landlord in a tenant’s bankruptcy case. The seminar will also address the structure of “rent relief” and other lease modifications that are frequently pursued after a tenant’s bankruptcy filing.