Thomas S. Onder

Thomas S. Onder is a Shareholder and Chair of the Shopping Center & Retail Development Group, as well as a member of the Real Estate, Litigation, and Bankruptcy & Creditors’ Rights Groups of Stark & Stark.

Tom is active in ICSC and concentrates his practice on commercial leasing and litigation, with a focus on commercial landlord disputes and secured transactions in state and federal courts in New York and New Jersey. He also represents cooperative, condominium, and homeowner associations in matters involving delinquent owners, bankruptcy filings, and rent receiverships.

Tom regularly appears in both bankruptcy and non-bankruptcy forums representing commercial landlords and developers, financial institutions, equipment lessors, and trade creditors in a wide range of matters. His work includes prosecuting commercial eviction and collection actions, pursuing promissory note and guaranty obligations for financial and development institutions, handling replevin actions for commercial equipment lessors, and representing creditors in Chapter 7 and Chapter 11 bankruptcy proceedings. This includes matters involving Bankruptcy Code § 363 sales, reclamation claims, and motions for relief.

Tom and his Group team regularly represent numerous commercial landlords and developers as creditors in Chapter 11 bankruptcy proceedings nationwide. He is currently litigating in the District of New Jersey in the Rite Aid bankruptcy case and in the District of Delaware in the Mountain Sports and Blink Fitness cases. Other recent matters in which Tom has represented and protected landlords and owners include the Gander Mountain case in the District of Minnesota, the Hair Cuttery case in the District of Maryland, and the Toys “R” Us cases in the Eastern District of Virginia, as well as the A&P and Tops Holdings bankruptcy cases in the Southern District of New York. He has also recently appeared in the Western District of New York and the Southern District of Florida on behalf of landlords in matters involving lease assumption and rejection issues.

Prior to joining Stark & Stark, Tom served as a law clerk to United States Bankruptcy Judges Kathryn C. Ferguson and Raymond T. Lyons in Trenton, New Jersey. Before his clerkship, he worked as a legal editor for Collier on Bankruptcy and various commercial legal treatises at LexisNexis. In addition, while in law school, Tom interned for United States Bankruptcy Judge Arthur Gonzalez in the Southern District of New York.

Bar/Court Admissions

New Jersey
New York
U.S. District Court, Southern District of New York
U.S. District Court, Eastern District of New York
U.S. District Court, District of New Jersey
U.S. District Court, Eastern District of Michigan

Education

J.D., Brooklyn Law School, 2002
B.A., English and Communications, Cleveland State University, 1996

Thought Leadership

Speaking Engagements

Host/Moderator, Best Practices Summit. January 31 – February 1, 2025.
Interviewed by David DeReinzo of Equity Retail Brokers, Landlord Tips on Preparing for Chapter 11 Bankruptcy Filings, January 2025.
Roundtable Speaker, Addressing a Sovereign Citizen’s Claims in Landlord Tenant Actions, ICSC Law Conference, October 2024.
Host/Moderator, Best Practices Summit. February 1-4, 2024.
Interviewed, Rite Aid Potential Bankruptcy, Landlords – What To Know? Net Lease TV. October 11, 2023.
Host/Moderator, Best Practices Summit. February 2-5, 2023.
Moderator, The Latest on Shopping Center Leasing. NJICLE. January 23, 2023.
Host/Moderator, Best Practices Reunion Summit. October 20-21, 2022.
Speaker, Commercial Real Estate Roundup. MCBA Xtreme CLE. October 20, 2022.
Interviewed, Episode 188: 3 Things We’re Concerned We’re Wrong About in 2023. Retail Retold Podcast. August 25, 2022.
Speaker, Secret Sauce with Tom Onder. CRE Fast Five with Karly Iacono. August 12, 2022.
Moderator, The Future of Shopping Center Leases. NJICLE. July 28, 2021.
Presenter, Just What the Doctor Ordered: Medical Leasing Issues. ICSC Law Conference. October 23-25, 2019.
Moderator, The Next Wave: Franchiser / Franchisee Bankruptcy and the Impact on Commercial Leaseholds. ICSC Philadelphia Deal Making Conference. September 11-12, 2019.
Presenter, Medical Uses in Shopping Center Leases for NJ ICLE on Re-Evaluating Shopping Center Leases Program. July 31, 2019.
Moderator, NJDEP’s Next Requirements for Environmentally-Impacted Commercial Real Estate. Union League, Philadelphia. March 26, 2019.
Presenter, Legal Leasing Issues, including Bankruptcy Update. Key West Best Practices Retreat. January 26-29, 2019.
Beer & Spirits Issues. ICSC Law Conference. October 24-27, 2018.
Co-Chair, 2018 PA/NJ/DE ICSC Deal Making Conference. September 2018. Philadelphia, PA.
Moderator, Local Rule Changes. IWRC/Mercer County Bar Association. February 8, 2018.
Legal Leasing Issues and Trends. Key West Best Practices Retreat. January 25-28, 2018.
Bankruptcy Basics. Mercer County Bar Association. November 14, 2017.
Medical Leasing Issues. ICSC Law Conference. October 26-28, 2017.
Bankruptcy Basics. Mercer County Bar Association. November 15, 2016.
Bankruptcy & Taxes–Everything You Wanted to Know & a Few Things You Didn’t. IWIRC and Mercer County Bar Association. October 20, 2016.
Non-Traditional Uses for Space. ICSC PA/NJ/DE Deal Making Show Atlantic City. September 13, 2016.
Non-Traditional Uses. PA/NJ/DE ICSC Idea Exchange. September 11, 2016.
Medical Uses in Shopping Centers–A Retail Mural. PA/NJ/DE ICSC Idea Exchange. September 8, 2015.
Updating New Jersey’s Liquor License Laws: Smart Legislation for Development in the 21st Century ICSC Government Relations. ICSC Next Generation Convention. August 19, 2015.
Effects of Bankruptcy on Real Estate Matters. Mercer County Bar Association Real Estate Section CLE. June 16, 2015.
Commercial Landlords – Avoid Lease Landmines. Stark & Stark CLE Seminar. March 11, 2015.
1031 Exchanges: A Legal & Tax Perspective. Stark & Stark, Hill, Barth & King, and Burlington County Regional Chamber of Commerce Seminar. February 24, 2015.
Bankruptcy and Landlord/Tenant Law: An Overview on Issues Affecting Commercial and Residential Landlords and Tenants. Mercer County Bar Association. Xtreme CLE. October 29, 2014.
Legal Considerations for Start-Up Distillers in New Jersey. Cooper River Distillers. October 25, 2014.
Co-Chair, Jumping Legal Hurdles — Avoiding Pitfalls and the Most Effective Ways to Negotiate and Get Your Deal Done. ICSC Next Generation National Conference. July 29, 2014.
Effective Ways to Negotiate and Get Your Deal Done. ICSC Next Generation National Conference. July 29, 2014.
Indemnification Clauses and other Contractual Issues. CAI — NJ Business Partner Best Practices Roundtable. June 19, 2014.
Moderator. ICSC’s NJ/PA/ and DE Next Generation Developer Showcase “King of Prussia.” November 6, 2013.
Rent Receivership of Priorities in Foreclosure: Practical Enforcement Tips for Property Managers and Boards. CAI New Jersey Convention and Expo. October 24, 2013.
Bankruptcy in Foreclosure and Divorce, Sterling Education Services: Family Law Hot Topics & Current Issues. March 5, 2013.
Digital Forensics and E-Discovery – Ignorance is not a defense! Mercer County Extreme CLE. November 7, 2012.
Bankruptcy Issues Affecting Commercial Landlords and Tenants. 14th Annual William H. Gindin Bankruptcy Bench-Bar Conference. May 11, 2012.
Bankruptcy and Eviction Issues, St. Vincent de Paul Society of Middlesex County, February 16, 2012.
The Intersection of Probate and Bankruptcy Law: How to Proceed with Creditor Claims Against Estates, Mercer County Bar Association, Xtreme CLE, October 26, 2011.
The Intersection of Eviction and Bankruptcy Law in New Jersey: Issues To Know Before, During and After a Bankruptcy for Debtor Tenants and Creditor Landlords, Real Estate and Bankruptcy Sections of Mercer County Bar Association, February 15, 2011.

Publications

10 Retailers to Watch for a Bankruptcy Filing in 2023. Stark & Stark Blog. January 4, 2023.
Is a Tuesday Morning Chapter 22 Bankruptcy Imminent? Stark & Stark Blog. July 25, 2022.
10 Retailers to Watch for a Bankruptcy Filing in 2022. Stark & Stark Blog. February 7, 2022.
The Road Ahead — Four (4) “Mile Markers” to Watch in the Year Ahead. Stark & Stark Blog. October 28, 2021.
Top Five (5) Signs to Watch for During the Back-to-School Season Cautious Optimism for Retailers. Stark & Stark Blog. August 10, 2021.
10 Retailers to Watch for a Bankruptcy Filing in the Second Half of 2021. Stark & Stark Blog. July 9, 2021.
Old Country Buffet’s Parent, Fresh Acquisitions, Files for Chapter 11 Bankruptcy in Northern District of Texas. Stark & Stark Blog. April 22, 2021.
Top 10 in Law Blogs: COVID-19, the environment, and politics. Lex Blog. December 4, 2020.
20 Retailers to Watch for a Bankruptcy Filing in the First Half of 2021. Stark & Stark Blog. December 1, 2020.
Co-Author, Medical Leasing — Just What the Doctor Ordered for a Shopping Center. Mid Atlantic Real Estate Journal. September 3, 2019.
The Road Ahead… Retail Growth Coupled with Demographic Changes Offer Opportunities for Development. Mid Atlantic Real Estate Journal. September 28, 2018.
Co-Author, 2018 Retail Forecast: Medical & Wellness Tenancies. Mid Atlantic Real Estate Journal. April 27, 2018.
Toys ‘R’ Us, Once Ahead of the Retail Game, Now Playing Catch-Up. NorthJersey.com. September 9, 2017.
Quoted, Skeptics Question the Endgame of Retail Real Estate Activism. Capital Structure. September 5, 2017.
Co-Author, Namaste — Ensuring a Yoga Studio Lease Vinyasa Flows. Shopping Center Business. August 16, 2017.
Quoted, Retailers May Dominate Bankruptcy Headlines in 2017. The Deal. January 31, 2017.
Co-Author, Namaste – Ensuring a Yoga Studio Lease Vinyasa Flows. Mid Atlantic Real Estate Journal. December 8, 2016.
Quoted, Golfsmith Cleared to Head to Auction. TheStreet.com. October 6, 2016.
Lease Transfer Issues in the Wake of Recent Chapter 11 Retail Bankruptcies. Network Magazine. September 2016.
Landlord Issues, Opportunities In The Wave Of Retail Chapter 11 Filings. GlobeSt.com. June 3, 2016.
Co-Author. Ensuring Compliance with Your Leases. Mid Atlantic Real Estate Journal. April 29, 2016.
Proactive Steps Landlords Should Take to Prepare for the Next Wave of Retail Bankruptcy Filings. Shopping Center Business. April 22, 2016.
Co-Author. Do No Harm — Ensuring Healthy Medical Use Leases. NJ.com. April 1, 2016.
Co-Author. Tailoring Your Property to Capturing the Millennial “Boom.” Mid Atlantic Real Estate Journal. August 28, 2015.
Landlords Tighten Your Leases. Shopping Center Business. November 25, 2014.
Top Five (5) Bankruptcy Issues for Creditors — Protect Your Right to get Paid. Dimensions (Newsletter of NJBA). November 2014.
Jumping Legal Leasing Hurdles: Ensuring Your Deal Gets Done. Shopping Center Business. October 3, 2014.
Co-Author. Issues to Avoid for Multi-Family and Mixed-Use Properties: Are You Violating Leasing Laws? US 1 Newspaper. May 7, 2014.
Co-Author. Spring Cleaning for Landlords: Cost Saving Tips in Light of Winter Woes. Shopping Center Business. March 13, 2014.
Protecting Landlord Rights. Shopping Center Business. October 28, 2013.
Disaster Planning: Ensuring Landlord Insurance Issues are Covered. GlobeSt.com. October 28, 2013.
Quoted, Delay On NJ Tax Incentive Bill Hampering Real Estate Deals. Law360. July 24, 2013.
What To Do When You Receive a Bankruptcy Preference Demand Letter. Mercer County Lawyer. June 2013.
Issues For Commercial Landlords to Address Before Entry into a Commercial Lease with a Tenant. US 1. April 2012.
Co-Author. Handling Protesters/Solicitors at N.J. Shopping Malls. New Jersey Law Journal. September 5, 2011.
Co-Author. Bankruptcy Practical Skills Series. 2005 Edition ICLE
A new defense to preference litigation? An unordinary business defense, Commercial Law League of America. Spring 2004.
Side-Stepping Landmines During a Tenant’s Bankruptcy. US 1. April 2004.

Honors & Awards

New Jersey Super Lawyers Rising Stars List issued by Thompson Reuters (Methodology)
- 2011 – 2013; Bankruptcy: Business, Business/Corporate, General Litigation

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Professional Organizations

ICSC:
- Community Advancement Director for PA/NJ/DE Marketplace
- Legal Advisory Council
- Past Marketplace Director for PA/NJ/DE Marketplace (2022-2024)
- Past State Chair for PA/NJ/DE Region (2018 -2022)
- Next Generation PA/NJ/DE – Past Chair (2015-2017)
Bayard Rustin Center for Social Justice – Board Member (2020 – current)
Mercer County Community College Foundation – Board Member (2021- current)
Stark & Stark’s Diversity, Equity & Inclusion Committee – Secretary (2020 – 2023)
Mercer County Bar Association – Past Trustee; Past Chair of the Bankruptcy Section