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Landlord and Tenant Dilemmas in a COVID and Post-COVID Environment


Level: Intermediate
Runtime: 58 minutes
Recorded Date: February 09, 2021
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Agenda

  • Identify and analyze the pandemic-driven challenges and approaches to leases by debtors and landlords
  • Summarize impacts of The Coronavirus Combined Consolidated Appropriations Act, 2021, (H.R. 133) (“Cares Act II” or “the Act”) passed on December 23, 2020, signed into law on December 27, 2020
  • Overview of potential remedies: force majeure, doctrine of impracticability, frustration of purpose, material adverse change/material adverse effect, and the limits of 11 U.S.C. ?365(d)(3)
  • Discussion of landlord decisions in the event of default… choices, choices! Confidential modifications, forbearance, eviction? What are the impacts on other tenants?
  • Views from the Bench! Judge Isgur and Judge Mark to discuss recent case law including In re CEC Entertainment, Inc. (Chuck E. Cheese) (force majure, frustration of purpose)), In re Townhouse Hotel, LLC, 1:20-bk-19997 and In re Cinemex USA Real Estate Holdings, Inc., Case No. 1:20-bk-14695
  • Given the strictures of 11 U.S.C. ?365(d)(3), does a bankruptcy filing accomplish anything for debtors with lease defaults due the pandemic?
Runtime: 58 minutes
Recorded: February 9, 2021
For NY - Difficulty Level: Both newly admitted and experienced attorneys

Description

The panelists will discuss COVID-related business bankruptcy issues, including rent issues in commercial leases, section 365(d)(3) issues, force majeure clauses, and lease assumption and rejection issues after COVID.

This program was recorded as part of the American Bankruptcy Institute's 2021 Virtual Caribbean Insolvency Symposium on February 9th, 2021.

Provided By

American Bankruptcy Institute
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Panelists

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Patricia A. Redmond

Shareholder, Insolvency & Restructuring
Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.

Patricia A. Redmond is an Insolvency and Restructuring shareholder in Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A.’s Miami office. She lectures locally and nationally on various aspects of bankruptcy, particularly on chapter 11 issues, and is frequently quoted in The Miami Herald and other business publications.

Ms. Redmond’s bankruptcy practice concentrates on creditors’ rights and corporate restructuring in bankruptcy court and in out-of-court workouts. She also has experience representing creditors’ committees, secured creditors and debtors in chapter 11 cases. Ms. Redmond is the recipient of The Florida Bar’s 2019 Tobias Simon Pro Bono Service Award and the American Bar Association’s 2017 Jean Allard Glass Cutter Award. She is also a fellow of the American College of Commercial Finance Lawyers.

Ms. Redmond has been recognized with the highest ranking in Chambers USA, as a “Top 100 Florida Super Lawyer” and “Top 50 Women Florida Super Lawyer” by Florida Super Lawyers, and as the “Miami Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law Lawyer of the Year” by The Best Lawyers in America. She is a past president of the American Bankruptcy Institute from 2013-14 and served as the initial chair of ABI’s “40 Under 40” celebration.

Ms. Redmond received her J.D. in 1979 from the University of Miami.

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Hon. Robert Mark

Judge
U.S. Bankruptcy Court, Southern District of Florida

Hon. Robert A. Mark was appointed a Bankruptcy Judge for the U.S. Bankruptcy Court for the Southern District of Florida in 1990 in Miami and served as Chief Judge from 1999-2006.

Prior to his appointment to the bench, Judge Mark served as head of the bankruptcy department of the Miami firm of Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA. He has served on the National Conference of Bankruptcy Judges Endowment for Education and frequently lectures at continuing education seminars, including the National Conference of Bankruptcy Judges and the Federal Judicial Center’s educational programs for bankruptcy judges.

Judge Mark is a Fellow of the American College of Bankruptcy and is an author for Collier on Bankruptcy. His community activities include participation in a program that offers internships to minority law students, and participation in financial education programs for high school students through the Bankruptcy Bar Association’s CARE program, which teaches students about the dangers of credit card abuse.

Judge Mark is a Fellow of the American College of Bankruptcy and an author for Collier on Bankruptcy. He is a graduate of Boalt Hall School of Law, University of California at Berkeley.

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Tiffany Payne Geyer

Partner
BakerHostetler, LLP

Tiffany Payne Geyer is a partner with BakerHostetler in Orlando, Fla., and practices primarily in the areas of bankruptcy and creditors’ rights. She has represented both corporate and individual debtors in chapter 11 cases and individuals in chapter 7 cases, and her clients include health care businesses and medical professionals, investment bankers and financial advisors. She has also represented clients in the hospitality sectors, and has assisted in representing debtors in the energy sectors.

Ms. Geyer has negotiated multiple settlements of guarantor liability and has experience with assignments for the benefit of creditors. She has also represented secured creditors, unsecured creditors, landlords and panel trustees.

Ms. Geyer has been listed in Chambers USA for Bankruptcy/Restructuring in Florida and in The Best Lawyers in America in 2020 for Bankruptcy and Creditor/Debtor Rights/Insolvency and Reorganization Law, and she is a member of the Central Florida Bankruptcy Law Association (CFBLA), Federal Bar Association, American Bar Association and the International Women’s Insolvency & Restructuring Confederation (IWIRC).

Ms. Geyer received her B.A. with honors in political science and public administration in 1998 from the University of Central Florida, and her J.D. in 2000 from the University of Florida Levin College of Law, where she received the Book Award for Legal Drafting and was a member of a trial competition team.

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Hon. Marvin Isgur

Judge
U.S. Bankruptcy Court, Southern District of Texas

Hon. Marvin Isgur is a U.S. Bankruptcy Judge for the Southern District of Texas in Houston, appointed Feb. 1, 2004, and also served as Chief Judge. His first bankruptcy experience was as an expert witness before the bankruptcy court and then as a principal of a number of real estate partnerships that became chapter 11 debtors. From 1978-1990, Judge Isgur was an executive with a large real estate development company in Houston. Between 1990 and 2004, he represented trustees and debtors in chapter 11 and chapter 7 cases, as well as various parties in 14 separate chapter 9 bankruptcy cases.

Judge Isgur has written over 500 memorandum opinions and was one of the first judges to issue opinions interpreting the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act. He is one of the principal organizers of the annual University of Texas Consumer Bankruptcy Conference in Galveston, Texas, and is a frequent speaker at continuing education programs.

Judge Isgur is a member of the Judicial Conference Committee on Court Administration and Case Management, appointed by Chief Justice John Roberts, and active participant in national bankruptcy rules process; he also led a national compromise effort on chapter 13 plans.

Judge Isgur received his bachelor’s degree from the University of Houston in 1974, his M.B.A. with honors from Stanford University in 1978, and his J.D. with high honors from the University of Houston in 1990.

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Laurel D. Roglen

Associate
Ballard Spahr, LLP

Laurel D. Roglen is an associate with Ballard Spahr LLP in Wilmington, Del., where she focuses her practice on representing corporations as debtors and debtors-in-possession in chapter 11 bankruptcy proceedings. She previously clerked for Hon. Mary F. Walrath of the U.S. Bankruptcy Court for the District of Delaware.

Ms. Roglen is a member of the International Women’s Insolvency & Restructuring Confederation and is listed in The Best Lawyers in America’s “Ones to Watch” for Litigation - Bankruptcy (Wilmington) in 2021. She is admitted to practice in Delaware and New York.

Ms. Roglen received her B.A. in 2008 from Pennsylvania State University and her J.D. cum laude in 2011 from Hofstra University School of Law, where she received ABI’s Medal of Excellence, the American College of Bankruptcy Distinguished Law Student award and the Benjamin Weintraub and Alan Resnick Bankruptcy Law Award, and was managing editor of articles for the Hofstra Law Review.


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