What is an herbaceous plant that has jagged leaves covered with stinging hairs? Some may think it is a “nettle.” We’re thinking it is “bankruptcy law.” That’s a reason why we’ve steered away from doing any Ruminating about nettles. Today, we’re shunning the 300 year old advice from Alexander Pope in his An Essay on Criticism when he warned: “Fools rush in where angels fear to tread.” Ruminations is fairly characterized as “criticism” and we have been duly warned.

For some reason, explicable, but slightly off-base, leasing professionals are asked: “What can a landlord recover when its bankrupt tenant rejects its lease?”

Our starting point is the bankruptcy law itself. Its most relevant provision reads thusly: [Read more…]