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A Catch-22: Dilemmas for Landlords in the Era of COVID-19

Level: Advanced
Runtime: 77 minutes
Recorded Date: December 03, 2020
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  • A Look at COVID-World Real Estate
  • Setting the Table – Code Sections and Current Applications
  • Venue Considerations
  • Recent Developments in Commercial Real Estate Cases
  • Force Majeure Clauses
  • Evictions and Foreclosures During COVID-19
  • Lease Restructurings and the Landlord / Tenant Relationship
  • Landlords as Debtors
Runtime: 1 hour, 17 minutes
Recorded: December 3, 2021


This panel will explore the myriad legal conundrums landlords have been facing in bankruptcy cases across the country since the COVID-19 pandemic took hold. Discussion points will include landlord rights to assumption/rejection and timing, the ability of debtors to defer rent payments to landlords for lengthy periods of time, and the impact of force majeure clauses in these disputes.

This program was recorded as part of ABI's 2020 Virtual Winter Leadership Conference on December 3rd, 2020.

Provided By

American Bankruptcy Institute
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Lindsay Zahradka Milne

Bernstein Shur

Lindsay focuses on advising borrowers in streamlining their operations (including asset disposition) and reorganizing their capital structures, both in chapter 11 and out of court, and advises lenders and other parties-in-interest in workout negotiations and bankruptcy-related litigation.

Prior to joining Bernstein Shur, Lindsay was an associate with Akin Gump in New York City, where she focused on financial restructuring matters. She advised borrowers, debtors, official committees of unsecured creditors, lenders, and ad-hoc groups of bondholders in connection with pre-filing negotiations and chapter 11 proceedings.

Linsday earned her JD cum laude from the Fordham University School of Law in 2010.

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Katharine Clark

Thompson Coburn, LLP

Katie represents clients before bankruptcy courts, federal and state trial courts, arbitration panels and appellate courts nationwide. She routinely handles bankruptcy and insolvency litigation, including the representation of debtors, banks, court-appointed fiduciaries, and creditors in Chapter 11, 7, 15, and 13 bankruptcies.

Katie has broad commercial litigation experience related to troubled and insolvent businesses. Her experience includes representing companies, fiduciaries, lenders, secured and unsecured creditors, as well as constituencies from every segment of the capital structure in federal and state court reorganization, liquidation and litigation proceedings. She has helped clients navigate insolvency matters involving billions of dollars in liabilities.

In 2017, Katie was part of a team that received the Turnaround of the Year Award (Large Company) from the Turnaround Management Association for her work on the first successful bankruptcy reorganization of a life settlement company.

Katie has significant experience in bankruptcy and litigation matters involving the real estate and energy industries. She has also litigated actions related to fraud that leads to bankruptcy or other displacement of management or control, including fraudulent transfer litigation, and state and federal court receivers.

Katie enjoys the challenge of pursuing innovative solutions for her clients. Her diverse experience allows her to quickly absorb complex fact patterns and distill them so she and her clients can focus on the best strategy for the situation at hand.

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Jessica K. Bonteque

Moses & Singer, LLP

Jessica Kenney Bonteque is a partner in Moses & Singer's Business Reorganization, Bankruptcy and Creditors' Rights practice group. Jessica is experienced in representing secured and unsecured creditors, debtors, official committees of unsecured creditors, equity holders, purchasers of distressed assets, and other parties in interest in a wide range of restructuring matters, including cases under chapter 11 of the United States Bankruptcy Code, out-of-court restructurings and cross-border insolvency proceedings.

She has represented creditors and debtors faced with insolvency situations in a variety of industries including healthcare, transportation, shipping, retail, gaming, oil & gas, storage, farming and dairy, and food and beverage.

Jessica has also participated in a wide variety of litigation in federal and state courts involving fraudulent conveyance actions, breaches of fiduciary duty, secured and unsecured financings, letters of credit, foreclosures and the enforcement of guaranties.

Jessica was recognized as a Rising Star in the 2014, 2015, and 2016 editions of Southwest Super Lawyers and in the 2017, 2018 and 2019 New York Metro Super Lawyers?. She is also featured in the April 2014 issue of Arizona Business Magazine Arizona’s Top Lawyers List (Generation Next).

Jessica is also a recipient of the Turnaround of the Year Award: Mid-Size Company, Turnaround Management Association (2017) and the Healthcare/Life Sciences Deal of the Year: M&A Advisor (2017).

While attending Sandra Day O’Connor College of Law at Arizona State University, Jessica was a Pedrick Scholar, a legal extern for the Honorable Ronald Stienle, III of Maricopa County Superior Court and the Honorable David K. Duncan of the United States District Court for the District of Arizona.

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Jennifer M. Meyerowitz

Executive Vice President, Business Development

With more than 20 years of experience in the bankruptcy and fiduciary industries, Jennifer brings a unique skill set and expertise to her role at Stretto, where she leads the organization’s business-development efforts for its Trustee Suite and Best Case by Stretto business units. Through her experience as a corporate-restructuring attorney and her tenure in various leadership roles around the bankruptcy industry over the last two decades, Jennifer understands the importance of serving as a trusted partner to clients, and she appreciates the necessity of delivering tailored solutions to meet fiduciaries’ case-management and operational needs. She is an active participant in the bankruptcy community and currently serves on the Executive Board of the Turnaround Management Association. Jennifer is a board member for the American Bankruptcy Institute, the Association of Insolvency & Restructuring Advisors, and a board member and former Chair of the International Women’s Insolvency and Restructuring Confederation. In 2020, she received the Individual Contribution Award from the Turnaround Management Association and she has also been recognized by M&A Advisor as a Top 40 Under 40 in the industry.

Jennifer Meyerowitz earned her J.D. from Emory University and her B.A. from University of Michigan. She is an active participant in several industry organizations serving on their boards, speaking on panels and publishing industry articles. Jennifer is a former chair of the International Women's Insolvency and Restructuring Confederation and former chair and co-founder of its Georgia network. She currently serves on the boards of the American Bankruptcy Institute, the Association of Insolvency and Restructuring Advisors, on the global board of the Turnaround Management Association and is the co-chair of its Network of Women. Further, Jennifer is involved in various other professional organizations, including having served as a former chair of the Bankruptcy Section of the Atlanta Bar Association and currently serving on various boards and committees in the industry as well as other non-profit organizations in her community. She lives in Atlanta with her husband and three kids.

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