Can I “Draft Around” The Bankruptcy Code? Bankruptcy Issues for Leasing Lawyers

This interactive workshop will address the general lack of success of efforts made by transactional real estate attorneys to draft lease provisions that attempt to get “around” the Bankruptcy Code and discuss alternatives for drafting “into” the Bankruptcy Code by crafting lease provisions that protect shopping center landlords in bankruptcy cases. We will highlight and explain why many existing lease provisions are not enforceable in a bankruptcy context and identify areas where practitioners can tailor lease language to maximize its effectiveness in a tenant’s bankruptcy. “Real life” examples, such as assignment, attorneys’ fees and use provisions, will be examined.