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 webinar 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 v. 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 their landlords in a down market?
Faculty
Joseph R. Dunn
Member
Mintz Levin Cohn Ferris Glovsky and Popeo
Mr. Dunn's practice is focused primarily in the areas of corporate reorganization and bankruptcy law, although... | Read More
Mr. Dunn's practice is focused primarily in the areas of corporate reorganization and bankruptcy law, although he has significant litigation and transactional experience outside of insolvency. He is experienced in the representation of chapter 11 debtors, secured and unsecured creditors, bondholders and indenture trustees, chapter 7 and chapter 11 trustees, and purchasers of distressed assets. He has also represented franchisors, equity holders, defendants in bankruptcy and other federal litigation, and individuals and companies in out-of-court restructurings.
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Victor A. Vilaplana
Of Counsel
Foley & Lardner
Mr. Vilaplana focuses his practice on the handling of insolvency matters, particularly complicated business... | Read More
Mr. Vilaplana focuses his practice on the handling of insolvency matters, particularly complicated business bankruptcies and international transactions. His experience includes representing multiple industries with Chapter 11 cases. He is a member of the firm’s Bankruptcy & Business Reorganizations, International, and Latin America Practices and Automotive Industry Team.
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