ILO Newsletter 1. März 2013

Insolvency & Restructuring

Protecting tenants from eviction in rescue proceedings

For a successful rescue to take place, the business premises must remain available for the continued operation of the company. Consequently, Section 12c of the Insolvency Code protects the debtor from eviction in rescue proceedings. However, the Supreme Court recently confirmed that a landlord may proceed with eviction proceedings if the tenant fails to meet certain obligations. 


Dr. Alexander Isola

M.C.J. (NYU) Partner