Retail Bankruptcies Have Arrived—More Are Coming

What You Need to Know Now: Practical Answers for Dealing With Troubled Retail Tenants
December 2, 2008
Holland & Knight
200 South Orange Avenue, Suite 2600
Orlando, FL 32801

Mervyns', Circuit City, Tweeter and Linens N Things are just the beginning. With consumer spending at historical lows and predictions for a weak holiday season looking accurate, retail bankruptcies are going to impact commercial real estate across the country. How will you handle the wide range of issues associated with retail slowdown, requests for renegotiation of leases and bankruptcies?

Holland & Knight invites you to join us for a roundtable discussion of the trends developing in the recent high profile cases, and their likely impact on you. Bring your experience and expertise for a highly relevant, practical interactive discussion with Holland & Knight real estate and bankruptcy lawyers on the retail bankruptcy process and what your options are as a developer, owner, property manager or tenant – before and after a filing.

Some topics for discussion include:

  • Reacting to Rumors on the Street
  • Can Being Proactive in a Tenant Bankruptcy Impact Your Outcome?
  • How Are Courts Treating "Going-Out-Business" Statutes, Go-Dark, Anti-Assignment and Broom Clean Clauses?
  • Are Designation Rights, Lease Auctions and Adequate Assurance Battles a Thing of the Past?
  • Can Retail Debtors Survive A Chapter 11? Should You Be Part of the Solution, and if So how?
  • When and How to Gain Control of the Space (and Whether you Want to)

This is an interactive discussion – we look forward to sharing thoughts and ideas on what's coming, and how to deal with it.


Christopher C. Brockman is the Co-Chair of Holland & Knight's National Retail Development and Leasing Team and focuses his practice in the area of real estate law, with special emphasis on commercial real estate transactions, including commercial leasing matters. He represents both landlords and tenants in commercial leasing of shopping centers, outparcels, warehouses, and office buildings.

Stephen W. Snively is a Partner and Deputy Section Leader for Holland & Knight's Real Estate Section. He represents developers, mortgage lenders, owners of commercial real estate and other businesses. Mr. Snively's extensive experience includes retail projects (neighborhood shopping centers, big-box uses, restaurants and outparcels), high-rise office buildings, apartment complexes and mixed-use projects. His clients include shopping center developers, institutional mortgage lenders and retail tenants.

Suzanne Gilbert is a Partner for Holland & Knight's litigation section and practices in the areas of business and commercial litigation, real estate litigation, and bankruptcy and creditors' rights. She has experience representing clients in commercial disputes in federal, state and bankruptcy courts. A large portion of Ms. Gilbert's practice involves real estate litigation, including contract disputes, boundary disputes, title issues and mortgage fraud.

Noel R. Boeke is a Partner in Holland & Knight's Corporate Restructuring, Insolvency and Creditors' Rights Practice Group. Mr. Boeke focuses on solving a wide range of business problems, specializing in bankruptcy, consensual loan workouts, and creditors' rights litigation.

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