Evolving Real Estate Issues in Reorganizations: Opportunities and Strategies for Owners, Lenders, Tenants, and Investors
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will discuss bankruptcy opportunities and strategies for debtors, creditors, investors, and landlords when real property and improvements face decreasing values and unstable income. The panel will discuss the strategic use of Chapter 11 to manage excessive debt and retain real property for future operations, the methods lenders can employ to resist cramdown and protect remaining value, and opportunities for distressed real estate investors.
Outline
- SARE vs. non-SARE
- Cash collateral and DIP issues
- Landlord-tenant issues
- Adequate protection
- Post receivership filings: 543d1
- 1111(b) election
- Cramdown
- Lien stripping
Benefits
The panel will review these and other key issues:
- Should lenders pursue their collateral or wait for the market to stabilize?
- What is the difference between SARE and non-SARE cases, and how has the pandemic affected their success?
- When are receivership and other state court mechanisms an attractive alternative to bankruptcy?
- How is Subchapter V affecting real estate bankruptcies?
- How can debtors best negotiate with their tenants and landlords in a down market?
Faculty
Matthew G. Summers
Partner
Ballard Spahr
Mr. Summers represents creditor committees, debtors, equipment lessors, landlords, indenture trustees,... | Read More
Mr. Summers represents creditor committees, debtors, equipment lessors, landlords, indenture trustees, manufacturers, mezzanine lenders, officers and directors, secured creditors, trustees, and other parties-in-interest in all aspects of bankruptcy cases and bankruptcy-related litigation. He also represents numerous lenders, special servicers, and receivers in commercial foreclosure and receivership proceedings, involving a wide range of building types, including large industrial complexes, shopping centers, apartment complexes, and office buildings.
Close
Victor A. Vilaplana
Partner
Practus
Mr. Vilaplana is a business reorganization attorney focusing on the handling of insolvency matters, particularly... | Read More
Mr. Vilaplana is a business reorganization attorney focusing on the handling of insolvency matters, particularly complicated business bankruptcies and international transactions. His experience includes representing businesses in multiple fields, from medical device companies to agricultural producers in chapter 11 cases. He represents creditors, debtors as well as official committees in chapter 11 cases and he has also represented state court receivers and assignees for the benefit of creditors. He is also well versed on cross-border transactional matters, specifically involving Mexico and Canada.
Close