Bankruptcy in a Coronavirus World
CRE Radio & TV Podcast
With so many businesses shuttered and federal financial relief delayed, employees, tenants, landlords and lenders are trying to work things out and survive until business gets back to usual. But for some, federal relief may come too late and negotiations may not work out as well as we all hope.
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Business Liability in a Coronavirus World
CRE Radio & TV Podcast
As businesses begin the process of reopening they are faced with a myriad of legal and operational issues that they have not previously encountered. Taking a cavalier approach to protecting your employees and the public from contracting the Coronavirus is not only morally wrong, it can lead to significant civil or criminal liability.
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California Coronavirus Eviction Moratorium Review on May 1, 2020
CRE Radio & TV Podcast
Some California cities and counties have imposed eviction moratoriums
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Retail Lease Issues in a Coronavirus World
CRE Radio & TV Podcast
This is the recording of a live webinar produced in cooperation between the Retail Brokers Network and Howard F. Kline, Esq. regarding how the Coronavirus has effected retail leasing.
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RENT RELIEF LEASE CLAUSES IN A CORONAVIRUS WORLD
CRE Radio & TV Podcast
This is the recording of our April 2, 2020 webinar in which my panelists and I take a deep dive into commercial lease clauses and legal theories that may provide some tenant rent relief or otherwise obligate the landlord to make certain accommodations for the tenant.
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Negotiating Rent Relief in a Cornavirus World
CRE Radio & TV Podcast
In this ever changing world of the Coronavirus, one thing is certain, tenants are going to be seeking rent relief, whether they are legally entitled to it or not.
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Creating and Maintaining a Winning Culture in Business
CRE Radio & TV Podcast
I've dipped into the archives for my 2018 interview with Adam Ifshin at the ICSC 2018 RECON Convention. This was really a personal interview between two men who already like and respect each other. We mix the personal with business, including how to incorporate family into business, creating a culture from the top down. For that, I want you to think of the book from Good to Great, what retail real estate will look like in 2038 and what the current trends are between now and 2038.
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The secret sauce for Successful Affordable Housing in Opportunity Zones
CRE Radio & TV Podcast
Daryl Carter, CEO of Avanath Capital Management, with 2-billion dollars of investment capital under management, discusses the value proposition of affordable housing that he has been pursuing for the last 20-years and its new focus on Opportunity Zones.
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What's Happening in the Las Vegas Opportunity Zones
CRE Radio & TV Podcast
Bill Arent is the Director of the city of Las Vegas Department of Economic and Urban Development. In this podcast, Bill and I discuss how the city went from, pre opportunity zone redevelopment plans and incorporated the new tax incentives offered by the Tax Cuts and Jobs Act of 2017 into their new plans to revitalize under capitalized portions of the city. We also discussed some of the projects that are in the works and other issues relating to opportunity zones.
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The Five Perils of Opportunity Zones
CRE Radio & TV Podcast
This is our first in our weekly series of live-streaming shows, focused on Opportunity Zones. Neal Bawa was our special guest. Neal talked about his, "The Five Perils of Opportunity Zones". It originally aired at 2:45, PM on August 27, 2019.
info_outlineWith so many businesses shuttered and federal financial relief delayed, employees, tenants, landlords and lenders are trying to work things out and survive until business gets back to usual. But for some, federal relief may come too late and negotiations may not work out as well as we all hope.
As part of your arsenal of negotiation and survival tactics it is important to be aware of your rights to seek bankruptcy relief either as a landlord or tenant. Let me be clear.
We are not recommending or encouraging anyone to file for bankruptcy protection.But it is good to know what your Plan B might be if things don't go as planned.
Atlas has shrugged and it is hard to know for certain what is going to happen and how well your plans will go. That's why my panelists and I are going to educate and inform you on your bankruptcy options.
This is the audio only recording of a webinar originally presented on April 16, 2020. The video recording of the webinar which contains additional written material is available on YouTube. To watch the full video replay, click here.
The following are some of the topics that we discuss:
- When and Why You Should Be Thinking About Bankruptcy,
- Canadian bankruptcy perspective if parties cannot negotiate a deal,
- Applying security deposit to past due rents and requesting tenant to replenish security deposit.
- Applying letters of credit during eviction moratoriums
- CARES Act & Covid-19 changes to the bankruptcy code & Canadian equivalents,
- Do companies come out of bankruptcy?
TENANT PERSPECTIVES
- US Bankruptcy Chapters
- Canadian Bankruptcy Law
- Tenant retention of possession of premises in Chapter
- Difference between Chapter 11, subchapter 5 and a Chapter 13
- Distinction between secured or unsecured creditor
- Landlord strategies to secure judgment for collection purposes
- Judgment liens and perfection
- Landlord issues in the event of a tenant bankruptcy
- Assumption of Leases
- Special retail considerations
- Canadian provisions
- Lease rejection and corresponding damages
- Automatic Stay and Relief from the Automatic Stay
- How do rent moratoriums affect tenant's obligations to pay administrative rent
- Bankruptcy abuse and In Rem relief for repeated or bad faith bankruptcies
- Tenant's perspective of a landlord's bankruptcy
- Retail bankruptcy and how it may differ from other bankruptcies.
My Panelists are:
Sara Chenetz,Esq, a bankruptcy lawyer and partner in the US national law firm of Perkins Coie. for more information on Sara, click here.
Richard Golubow, Esq. a bankruptcy lawyer and partner in the California law firm of Winthrop Golubow Hollander. For more information on Richard click here
Catherine Francis, Esq., a Canadian bankruptcy lawyer and partner in the Canadian law firm of Minden Gross, LLP. for more information on Catherine, click here.
My name is Howard F. Kline. I am a general business and real estate attorney with a primary focus on commercial landlord tenant matters, including lease negotiations, rent collections and commercial evictions. I also serve as an arbitrator and mediator focusing on commercial landlord tenant disputes.