Bankruptcy Remote Entities and Single-Asset Real Estate Cases
Leveraging Latest Developments in Commercial Real Estate Bankruptcy
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Thursday, April 12, 2012
Recorded event now available
This CLE webinar will provide bankruptcy counsel with approaches for commercial real estate debtors, their lenders and creditors to deal with bankruptcy remoteness and single-asset real estate (SARE) cases.
Description
The General Growth Properties case highlights the limits of bankruptcy remoteness of SPEs and similar entities. General Growth and other more recent cases such as In re JER/Jameson Mezz Borrower II, in which a mezzanine borrower’s case was dismissed as a bad faith filing, provide guidance for SPEs.
SARE rules hamper a debtor’s ability to reorganize or buy time to avoid foreclosure. While secured lenders often file for dismissal based on bad faith filing on the eve of foreclosure, the bankruptcy court analysis often falls on whether the debtor has reasonable prospects for reorganization.
A recent Seventh Circuit ruling in River East Plaza represents a victory for undersecured lenders in SARE cases when the lender made the seldom-invoked section 1111(b) election and objected to the debtor’s reorganization plan. The court lifted the automatic stay and dismissed the debtor’s bankruptcy.
Listen as our authoritative panel of bankruptcy attorneys guides you through the morass of complexities in bankruptcy remoteness, single-asset bankruptcy cases, and other challenges facing real estate debtors and their creditors and lenders in commercial real estate bankruptcies.
Outline
- Bankruptcy remoteness
- Lessons learned from General Growth
- Case law developments post-General Growth
- Best practices to strengthen remoteness
- Single-asset real estate cases
- Automatic stay
- Adequate protection
- Plan confirmation hurdles
Benefits
The panel will review these and other key questions:
- Has bankruptcy remoteness of SPEs survived and what steps can be taken to strengthen remoteness of these entities?
- What hurdles do the SARE rules impose for real estate debtors?
- How do the SARE rules impact the viability of Chapter 11 as a restructuring strategy?
Faculty
Arthur J. Steinberg,
Partner
King & Spalding, New York
He is a senior financial restructuring partner with 30 years of experience representing examiners, trustees, corporate monitors, debtors, creditors’ committees, secured and unsecured creditors groups/individuals, distressed investors and asset buyers, and other parties in bankruptcy related litigation.
Patrick E. Mears,
Partner
Barnes & Thornburg, Grand Rapids, Mich.
He concentrates his practice in insolvency, workouts and restructurings, commercial finance, securitizations, and creditors’ rights. He represents financial institutions as individual creditors and as members of loan syndicates in matters throughout the country. He also represents debtors and creditors committees in bankruptcy cases and out-of-court workouts.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, MO, MT, TX, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)
Online CLE Audio $297.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com.
Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event
DVD (Slide Presentation with Audio) $297.00
plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event
CD (Audio with Slide PDFs) $297.00
plus $9.45 S&H
Available ten business days after the live event
Webinar/Teleconference
Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program). Please note that our webinars do not feature videos of the presenters.
Program Materials
Requires Adobe Reader 8 or later. Download Acrobat FREE.
Program Materials
Requires Adobe Reader 8 or later. Download Acrobat FREE.
CLE Credit
Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.
Customer Reviews
The program was very thorough, stayed on topic and was well organized.
Thad Wilson
King & Spalding LLP
The seminar was very insightful with a terrific grasp of the relevant case law and legal issues.
Gregory Fox
Friedman Kaplan Seiler & Adelman LLP
The webinar was very informative on very pertinent matters and had a good flow.
Noam Wiener
Allen & Overy LLP
The program material was very well organized and thorough.
Laura Buckley
Higgs, Fletcher & Mack
The program provided good info apparently based on solid experience.
Edward. J. Dunham, Jr.
Kleinbard Bell & Brecker LLP
Bankruptcy Law Advisory Board
Partner
Nixon Peabody
Partner
Potter Anderson & Corroon
Of Counsel
Haynes & Boone
Shareholder
Greenberg Traurig
Partner
Dechert
Shareholder
Vedder Price
Partner
Nixon Peabody
Partner
Kaye Scholer
Counsel
Skadden Arps Slate Meagher & Flom
Our Guarantee
Strafford webinars and teleconferences are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10.