Shari I. Dwoskin, and Michael W. Reining coauthored the article “Are ‘Mothball’ Motions Mothballed, Or Are They The New Normal?” published in the 2021 Chambers USA Guide in the Bankruptcy/Restructuring section.
In the article, the lawyers discuss “mothball” motions as a strategy that could become more common for retail debtors in the post-pandemic world. “As courts have shown themselves willing to grant 60-day rent suspensions even as pandemic restrictions are lifted, landlords may opt to come to the negotiating table rather than risk a 60-day suspension of payments or an even broader ‘mothball’ motion,” state the authors.
Shari and Michael are Bankruptcy & Corporate Restructuring Associates. Shari represents debtors, bondholders, unsecured creditors' committees, and ad hoc committees of secured creditors and equity interest holders, in both Chapter 11 restructurings and litigation arising from related disputes. Michael’s practice focuses on providing counsel to commercial landlords and REITs in connection with retail and restaurant bankruptcy cases across the country.
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