BY JOHN KIRITSIS, ESQ., CPA, MBA, MS, JD, LL.M

 

  1. Consult Legal Professionals:

Engage with legal professionals who specialize in bankruptcy and commercial real estate law. Bankruptcy proceedings are highly regulated, and it’s crucial to have legal guidance to navigate the process effectively.

 

  1. Review Lease Agreement:

Thoroughly review the lease agreement to understand the tenant’s obligations, rights, and any clauses related to bankruptcy. These clauses might address issues such as defaults, termination, security deposits, and the treatment of the lease during bankruptcy proceedings.

 

  1. Automatic Stay:

When a tenant files for bankruptcy, an automatic stay is triggered. This prevents creditors, including landlords, from taking certain actions to collect debts or terminate leases. The automatic stay gives the bankruptcy court time to assess the situation.

 

  1. Proof of Claim:

As a landlord, you will need to file a proof of claim with the bankruptcy court to assert your rights to any outstanding rent or other amounts owed by the tenant. This allows you to participate in the bankruptcy process and potentially recover a portion of the debt.

 

  1. Lease Assumption or Rejection:

The tenant, with the approval of the bankruptcy court, may decide to assume or reject the lease. If the lease is assumed, the tenant must cure any defaults and continue to fulfill its obligations under the lease. If the lease is rejected, it is treated as if it was breached.

 

  1. Post-Petition Rent:

Any rent that becomes due after the tenant files for bankruptcy is considered post-petition rent. In many cases, the tenant must continue paying post-petition rent to the landlord as a condition of lease assumption.

 

  1. Eviction and Relief from Stay:

If the tenant is not meeting its obligations under the lease or if the lease is rejected, the landlord can seek relief from the automatic stay to pursue eviction or other remedies. The bankruptcy court will consider whether the landlord’s request is justified.

 

  1. Negotiate and Communicate:

Open communication with the tenant, their legal representatives, and the bankruptcy trustee is important. Depending on the circumstances, you might negotiate a resolution that allows the tenant to continue operating or that facilitates an orderly exit.

 

  1. Attend Bankruptcy Hearings:

Stay involved in the bankruptcy proceedings by attending hearings and staying informed about the progress of the case. This will help you make informed decisions and protect your interests.

 

  1. Obtain Legal Orders:

If the lease is assumed by the tenant, it’s advisable to seek a court order that outlines the terms of assumption, including payment of any outstanding rent and adherence to lease terms.

 

Given the intricacies of bankruptcy law and the potential financial impact on landlords, it’s highly recommended to consult legal professionals who specialize in bankruptcy and real estate law to guide you through the process. Laws and regulations can change, so make sure to seek the most current and accurate information.

 

Citations, References and Potentially Useful Resources for Further Information:

U.S. Constitution

New York State Constitution

Federal Securities Regulation

New York State Martin Act

New York Condominium Act

New York State Security Regulations

New York Business Corporation Law

New York Limited Liability Company Law

New York Uniform Partnership Act

Federal Internal Revenue Code

New York State Tax Laws, Rules & Regulations

New York City Tax Laws, Rules & Regulations

Winston Churchill Owners, Inc. v. Regents Real Estate Associates

Board of Managers of the Park Regis Condominium v. Park Regis Owners Corp.

Park Sutton Condominium v. 447 E. 57th St. LLC

28 E. 10th Street Corp. v. Veras

Riverside Syndicate, Inc. v. Munroe

Essex House Condominium v. Marks

The Parc Vendome Condominium v. Atkinson

54-56 Meserole Street Owners Corp. v. Rossi

The Beekman Regent Condominium v. Bottiglieri

Chelsea 19th LLC v. West 19th Street Realty LLC

ACRIS

New York Department of Finance

New York City Department of Buildings

New York City Bar Association

New York State  Bar Association

Call 212 922 0005. Kiritsis Law Group.

Manhattan Office: 633 Third Avenue, New York, NY 10017. Phone# 212 922 0005.

New Jersey Office: 7309 Ventnor Avenue, Ventnor, NJ 08406.  Phone# 212 922 0005.

Brooklyn Office:  6902 11th Avenue, Brooklyn, NY 11228. Phone# 212 922 0005.

 

Feel free to call us at 212-922-0005 for a free, brief and confidential consultation.

Whether buying real estate, having years of un-filed tax returns, have an immigration question, considering to start a business, faced with a commercial/business dispute or thinking about getting a prenuptial agreement — Our law firm is willing, able and ready to assist you.  Call us at 212 922 0005.

We represent businesses and individuals throughout the 5 boroughs of New York City and most of New Jersey.

For a free, brief initial phone consultation with an attorney, call us today at 212 922 0005.

Our law firm provides a full range of legal services, within the following practice areas:

Real Estate

Business Law

Tax & Accounting Services

Immigration Law

Asset Protection

Business/Commercial Litigation & Disputes

 

The materials available through this website and any other websites owned by John Kiritsis (individually and collectively, the “Website”) are the property of John Kiritsis and his entities, and are protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, download, store, post, broadcast, transmit, modify, sell, or make available to the public content from the Website without the prior written approval of John Kiritsis. Beware that any unauthorized use of John Kiritsis’ trademarks and copyrighted content for commercial purposes in violation of John Kiritsis’s intellectual property rights, will be vigorously enforced. All other trademarks, service marks and trade names referenced in this site are the property of John Kiritsis.

ANY AND ALL INFORMATION POSTED IN THIS WEBSITE SHALL NOT BE A SUBSTITUTE FOR LEGAL ADVISE BY PROPERLY LICENSED COMPETENT ATTORNEYS. FOR INFORMATIONAL ENTERTAINMENT PURPOSES ONLY.  NOT SUBJECTED TO FINALIZED LEGAL EDIT WITH REGARDS TO CONTENT.  SITE PRONE TO CONTAINING ERRORS OF STATEMENT OF LAWS, RULES AND/OR REGULATIONS WHERE APPLICABLE. 

ATTORNEY ADVERTISING. PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME.

The views expressed by this author are not legally binding or reflective of the author, the author’s firm, the author’s employers, the author’s employees, or any individual and/or organization.