CRE Legal Lens Newsletter
A BIG LOTS Chapter 11 Lesson: Caution Needed When Doing Business with Chapter 11 Debtors
Posted in Bankruptcy & Creditor's Rights, Business & Corporate, CRE Legal Lens Newsletter, Real Estate
Vendors, landlords, and other creditors often feel a sense of security when doing business with Chapter 11 debtors. The Bankruptcy Code, and even court orders entered at the outset of a bankruptcy case, seemingly provide a myriad of protections to those engaging in business with a company reorganizing under Chapter… Continue reading
4 Lease Auction Tips for Landlords
Posted in Bankruptcy & Creditor's Rights, Business & Commercial Law, CRE Legal Lens Newsletter, Real Estate
During a retail bankruptcy, commercial landlords often face challenges when their tenants try to maximize the value of the bankrupt estate by holding lease auctions. Despite lease provisions that may restrict or prohibit a lease sale, courts have generally allowed retail debtors to conduct such sales. This is because lease… Continue reading
Adverse Possession: Policing Your Property Boundaries – Owners Beware
Posted in Business & Commercial Law, Business & Corporate, CRE Legal Lens Newsletter, Real Estate, Retail & Industrial Real Estate
Retail, commercial, and industrial property owners need to be diligent about policing their property boundary lines to avoid losing valuable property rights to an encroaching neighbor. The doctrine of adverse possession opens the door for an encroaching neighbor to make a claim of ownership of a neighbor’s property under certain… Continue reading
