Ireland has a temporary insolvency process known as “court protection” and commonly called examinership. This provides a breathing space within which a court will determine whether parts of the business can survive after restructuring. This may entail existing leases being disclaimed. The recent case of Bestseller Retail Ireland Limited gives an interesting example of how the court will exercise its discretion in considering an application to disclaim a lease.
Background
Ireland, Insolvency & Restructuring, Real Estate, Mason Hayes & Curran LLP, Shareholder, Retail, Landlord, Leasehold estate, Parent company, Supreme Court of the United States