Jump to Content

Commercial Real Estate Bankruptcy – What You Need To Know


Although the economy seems to be improving bankruptcy is not something that will be going away soon. Bankruptcies happen and both good and bad economies and can result in, just plain old bad luck or bad management or both. Sometimes bankruptcies arise from changes in a workforce or technology. Will increase consumer acceptance of online retail continue to negatively impact shopping centers and with many loans still coming due in the next few years, are we going to see a whole new round of foreclosures and bankruptcy?

No matter what your thoughts on the future economy, if you are a commercial real estate professional, you must know and understand how bankruptcy can effect commercial real property and the landlord/tenant relationship. What are the factors, law and strategies that you may want to consider before a tenant or landlord files for bankruptcy.  If you are a tenant, how can you protect yourself if the landlord files for bankruptcy protection? What is a real estate specific bankruptcy and when should a tenant consider this option?

If you are a landlord, how can you best protect yourself and insure that you maximize rents in the event of a tenant bankruptcy?

Did you ever consider that a tenant bankruptcy could be a good thing for a landlord or perhaps not as bad as you thought?

During this show, we are going to discuss many of these issues and give a detailed overview of what landlords and tenants can plan for an expect.

richard-golubow-400Richard H. Golubow LinkedIn
Attorney & Managing Member, Winthrop Couchot PC

Richard H. Golubow is a founding member and the managing shareholder of Winthrop Couchot Professional Corporation, a premier bankruptcy law firm established in 1995 and located in Newport Beach, California.  Devoting his practice to the areas of complex bankruptcy and business reorganizations, litigation, liquidations and acquisitions, Mr. Golubow’s clients include debtors, creditors, creditor committees, bankruptcy trustees, assignees for the benefit of creditors, receivers and asset purchasers in a wide range of industries, including retail, manufacturing, distribution, importing, construction, entertainment, education, religious institutions, healthcare, hospitality, real estate, automotive, golf and country club, biotech, transportation, telecommunications and internet businesses.

Mr. Golubow was honored as the recipient of the 2014 Corporate INTL Magazine Global Award as Bankruptcy Attorney of the Year in California.  The 2014 Corporate INTL Magazine Global Awards recognize law firms and attorneys who have been successful in the past year and who have shown excellence not only in expertise but in service.

Mr. Golubow has achieved an “AV Preeminent” (5 out of 5) Peer Rating, Martindale-Hubbell’s highest peer recognition, generated from evaluations by other members of the bar and the judiciary for legal ability and ethical standards. Mr. Golubow is also rated “superb” (10 out of 10) by the leading independent attorney rating service, AVVO, and has been selected by his peers as a Super Lawyer, representing the top 5% of practicing attorneys in Southern California based on peer recognition and professional achievement.  Mr. Golubow is a member of the International Network of Boutique Law Firms (INBLF), an invitation only network of lawyers from single-discipline boutique law firms with the highest level of knowledge, experience, reputation and credentials comparable or superior to what can be found at the highest-ranking full-service law firms.

Mr. Golubow served as an educational co-chair for the California Bankruptcy Forum’s 24th Annual Insolvency Conference in May 2012.  He has lectured on varied insolvency related topics including recently, as a panelist for But I Thought We Were Safe: Are Priority Claims and Legacy Employee Liabilities at Risk in a 363 Sale?, at the American Bankruptcy Institute’s 25th Annual Winter Leadership Conference in December 2013;  as a panelist for War of the Roses, The Impact of Divorce Proceedings on Business and Personal Bankruptcy Cases, at the California Bankruptcy Forum’s 25th Annual Insolvency Conference in May 2013, as a moderator for Debtor-Creditor Feud: The Good, the Bad and the Reality of Receiverships, at the National Asian Pacific American Bar Association 24th Annual Convention in November 2012, as a panelist for Bankruptcy Reorganization Plan Strategies for Debtors, Lenders and Creditors Proposing or Opposing a Plan of Reorganization, a webinar produced by Strafford Publications in September 2011, as a panelist for the US Bankruptcy Roundtable, October 2012 and October 2010, produced by Financier Worldwide and as a panelist for the US Automobile Sector Roundtable, February 2009, produced by Financier Worldwide.

Mr. Golubow served as judicial law clerk and judicial extern to the Honorable John J. Wilson, United States Bankruptcy Judge in the Central District of California, Santa Ana Division.

Born and raised in Brooklyn, New York, Mr. Golubow is a graduate of the State University of New York at Albany, Albany, New York (B.S., Cum Laude, 1985) and Southwestern University School of Law, Los Angeles, California (J.D., 1992).

Something to Add?