Landlord Protections Give Bankruptcy-Preventing Deals a Boost

March 26, 2021, 10:01 AM UTC

Commercial landlords have a greater incentive to grant rent deferrals to struggling brick-and-mortar businesses following a temporary rule change that prevents bankrupt tenants from clawing back rent payments made under those deals.

Bankruptcy law allows debtors to sue to get back certain “preferential” payments they made in the 90-day period before the bankruptcy was filed. But the latest rule change, part of the $2.3 billion stimulus package Congress passed in late December, blocks bankrupt tenants from such lawsuits to recoup rents paid in a deferred rent agreement they struck with their landlords within the 90-day period.

The change expires ...

Learn more about Bloomberg Law or Log In to keep reading:

See Breaking News in Context

Bloomberg Law provides trusted coverage of current events enhanced with legal analysis.

Already a subscriber?

Log in to keep reading or access research tools and resources.