“The string of retail bankruptcies over the last several years — from Payless to Toys “R” Us — has implicated the Bankruptcy Code’s protections for commercial landlords, most notably §§ 365 (d) (3) and 365 (d) (4). These statutory provisions, the so-called “Shopping Center Amendments,” were added to the Bankruptcy Code in 1984 to remove leases of nonresidential real property from the general rule that a debtor may assume or reject executory contracts at any time prior to confirmation.”

To view full article, please click here.*

*Subscription required