Thomas Onder “Landlords hold a variety of claims in Chapter 11 bankruptcy cases,:” Onder writes.

PRINCETON, NJChapter 11 bankruptcy filings are afoot in the retail sector and are expected to continue for the next few years, but vacancies can provide opportunities for the use of rental space. Sports Authority, PacSun, Aeropostale, EMS and Fairway Market are just a few recent examples of big retailers who have filed for Chapter 11 bankruptcy protection during the past year. Landlords can maximize value by understanding how to manage and leverage the lease in a bankruptcy.

Indicators of a bankruptcy filing are non-payment of rent, inventory pile-ups, missing key financing deadlines, and even failure to attend leasing meetings.  Calling a default, and/or filing an eviction action may bring the lease current prior to a bankruptcy filing.

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