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Landlord bankruptcy – is SNDA really that valuable?

By Scott Kadish on May 13, 2009
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A tenant always prefers an SNDA so that if the landlord’s lender forecloses, the lender will have to respect the tenant’s lease. But if the landlord files bankruptcy, or if the lender causes the landlord to file bankruptcy, the landlord can reject the tenant’s lease anyway thereby subjecting the tenant to the very risk it was seeking to avoid.

In a currently ongoing bankruptcy case, the bankruptcy trustee went so far as to demand  the tenant to move out immediately because the trustee was shutting off utilities to save money for the estate.  In most cases, the lender does not want to avoid the lease because it wants the rental income. For the same reason, the trustee usually does not want to reject the lease. 

The real risk is where the property is to be redeveloped for a completely different use or is being held by a non-operator who wants no responsibility for operations whatsoever. In both cases, an SNDA may not suffice given the remedies available in bankruptcy.  

Scott Kadish

Chairing the firm’s Leasing and Retail Groups, Scott maintains the skills and expertise needed to represent landlords and tenants in the development and lease-up of shopping centers on a national basis. He also counsels clients on a wide variety of real estate and…

Chairing the firm’s Leasing and Retail Groups, Scott maintains the skills and expertise needed to represent landlords and tenants in the development and lease-up of shopping centers on a national basis. He also counsels clients on a wide variety of real estate and business transactions, and general business law. Scott brings his leadership to the firm’s Cincinnati office where he serves as partner-in-charge, overseeing its operations, business development and client relationships. Repeatedly named to Ohio Super Lawyers, and having achieved the highest ranking, AV Preeminent®, from Martindale-Hubbell®, Scott also serves as a member of the firm’s Management Committee.

Read more about Scott KadishEmail
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  • Posted in:
    Real Estate & Construction
  • Blog:
    Real Estate Advisor Law Blog
  • Organization:
    UB Greensfelder LLP
  • Article: View Original Source

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