Letter of Credit Issued to Landlord

While the Bankruptcy Code caps lease rejection damages, a landlord who has a standby L/C in lieu of security deposit is not capped.  And, the beneficiary of a letter of credit is not prevented from drawing on the L/C as a result of the debtors bankruptcy.  If a borrower/landlord is the beneficiary of an L/C the Bank should ask for a lien on the Letter of Credit Rights.

If the L/C is large enough, a landlord may draw up to the full amount of damages under the lease.