In a decision of first impression entered on June 3, 2020, a Chicago bankruptcy court (“Court”) held that a restaurant tenant was excused from paying a significant portion of its rent under the force majeure provisions of its lease because of the governor’s executive order prohibiting in-house dining during the COVID-19 pandemic.[1] This decision is highly significant for landlords and tenants whose ability to service their clients has similarly been restricted by government orders.
USA, Company & Commercial, Insolvency & Restructuring, Litigation, Real Estate, Schulte Roth & Zabel LLP, Force majeure, Coronavirus, Title 11 of the US Code