Nancy Isaacson, a partner in the firm’s Litigation Department, will be a panelist for the live webinar “What Non-Bankruptcy Attorneys Need to Know to Protect Landlord and Business Clients,” to be presented by the New Jersey Institute for Continuing Legal Education on Thursday, July 22, 2021 from 12:00pm – 2:00pm.
There are special considerations that apply when a commercial tenant files for bankruptcy. This program will introduce attorneys who do not typically practice bankruptcy law to the process so they may learn how to protect the rights, claims and interests of their clients who are caught up in a tenant’s bankruptcy proceeding.
The program agenda is as follows:
- General Overview of Bankruptcy Concepts:
- The Automatic Stay
- Executory Contracts
- Differences between Chapter 11 and Chapter 7
- 363 Sales
- Avoidance Actions (e.g. preferences, fraudulent transfers)
- Protecting a Landlord in a Tenant Bankruptcy:
- Assumption and/or assumption and assignment of the lease
- Objection to assumption / assignment of the lease
- Determination of and objections to “cure” amounts
- Rejection of the lease and filing a rejection damages claim
- Claims for administrative rent (rent accruing post-bankruptcy)
- Protecting a Vendor in a Customer Bankruptcy:
- Must a vendor ship post-petition, and under what terms?
- Documenting a vendor’s claims, rights and defenses
- Attaining “critical vendor” status
- Reclamation demands and 503(b)(9) claims
- Assumption /assignment of contracts
- Determination of and objections to “cure” amounts
- Protecting a landlord or vendor in preference and fraudulent transfer lawsuits:
- Overview of avoidance action complaints and procedures
- What are preferences and constructive fraudulent transfers?
- Preferences defenses
- Protecting Fraudulent transfer defenses
As a member of the firm’s Bankruptcy & Financial Restructuring Practice Group, Ms. Isaacson focuses her practice in bankruptcy and insolvency, with an emphasis on trustee and creditor rights law. She serves as a Chapter 7, Chapter 11 and Chapter 11 Subchapter V Trustee for debtors in federal bankruptcy proceedings and has represented appellants in cases before the Third Circuit Court of Appeals. She has achieved a national profile in her area of practice through her involvement in a number of large bankruptcy matters representing tort claimants and landlords. She is an approved mediator for the U.S. Bankruptcy Court, District of New Jersey.
Additional details and program registration can be found on NJICLE's website.