Executory Contracts/Leases

In today’s volatile commercial real estate market, the intersection of lease law and bankruptcy is more complex than ever. This panel dives into the real-world challenges landlords and tenants face when bankruptcy hits, using recent high-profile cases — including WeWork and a wave of "Chapter 22" retail filings — to examine the growing tensions among market realities, restructuring costs and the Bankruptcy Code.

This session will go beyond the black-letter law of § 365 with a "landlord mafia boss" to discuss practical and timely topics concerning how to best serve your client in post-petition lease negotiations during a post-petition § 363(b) sale process. This panelists will discuss cutting-edge issues and real-life experiences associated with real property and personal property leases from some of the most significant cases over the past several years, including Yellow, Red Lobster, GNC and Big Lots. Attendees can expect to be able to implement these lease strategies in cases of all sizes on behalf of debtors, landlords and other interested third parties.

This session will cover recent Supreme Court and Sixth, Seventh and Eighth Circuit cases that you need to know about.

Join ABI Editor-at-Large Bill Rochelle for this fun and informative session as he and six judges address recent Second Circuit cases, and predict how the circuit will rule on tough questions on the way up. An attendee favorite!

Join Bill Rochelle as he provides us with the highlights we need to know about emerging cases from the Supreme Court, Tenth Circuit and more!

Attendees will work through case problems in small judge-led groups.

Join ABI Editor-at-Large Bill Rochelle for this fun and informative session as he and several bankruptcy judges discuss circuit splits and hot topics on important bankruptcy issues. An attendee favorite!

Bankruptcy judges will discuss the most talked-about current events and controversial opinions in the insolvency world with ABI Editor-at-Large Bill Rochelle.