NABT 2025 Annual Conference

This panel will give attendees an advanced refresher of Section 365. They will discuss the treatment of leases in bankruptcy under Section 365 of the Bankruptcy Code, emphasizing the interplay with Section 362 and the automatic stay and Section 503(b). Key points include the assumption or rejection of leases, with specific time frames such as 60 days for Chapter 7 and 120 days for nonresidential real property in Chapter 11. The panel will also discuss rejection damages, assignments after assumption, Ipso Facto Clauses and the strategy and art of negotiating with any landlord for the trustee /estate's benefit.