This paper discusses representation of a landlord whose tenant is in Chapter 7 or 13 bankruptcy.
Landlords who have leased real property to tenants who then file a Chapter 7 or 13 bankruptcy generally want their leased property back as quickly as possible with the least amount of hassle. The purpose of this paper is to point out ways in which a landlord can quickly and easily terminate the lease with the debtor and recover the leased property. Section 365 of the Bankruptcy Code controls leases of real property in Chapter 7 or 13 bankruptcy. The differences between termination, default and expiration of leases, the 7th Circuit’s two-part termination test, and Indiana lease termination law are further discussed in detail.
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