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Impact of a Tenant’s Bankruptcy During Lease Term

A tenant’s bankruptcy or insolvency does not automatically terminate an unexpired lease of real property. It does not matter whether the lease expressly authorizes early termination in the case that the tenant becomes insolvent or bankrupt, because these types of lease clauses are unenforceable.  [11 USC § 365(e); In re Cole (9th Cir. BAP 1998) 226 BR 647, 652.] When a tenant files for bankruptcy this typically triggers an automatic stay of “the enforcement against the debtor or property of the estate of a judgment obtained before commencement of the bankruptcy case and “any act to obtain possession of property of the estate or of property from the estate . . .” [11 USC  §§§ 362 (a)(1), 362 (a)(2), & 362 (a)(3).]  Accordingly, as of the tenant’s

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Posted in Lease Bankruptcy, Leases

Zachary D. Schorr’s Expert Appearance on the Dr. Phil Show

Zachary D. Schorr’s Expert Appearance on ABC’s Nightline

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Zachary Schorr Superlawyers

Zachary D. Schorr has been named to the Southern California Super Lawyers (Rising Stars) list for attorneys in Real Estate for 5 straight years - 2012, 2013, 2014, 2015 and 2016. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. In 2016 he was also included as one of the top 100 lawyers in Southern California in this category. The selection for this respected list is made by the research team at Super Lawyers.

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Zachary Schorr Avvo Client's Choice Award