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

Conducted on Wednesday, March 24, 2021

Recorded event now available

or call 1-800-926-7926
Course Materials

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.


According to Bloomberg, real estate companies filed for bankruptcy in 2020 at the fastest pace since 2011, and distressed real estate is expected to be very active in 2021. In addition, legislative and regulatory changes in response to the pandemic have affected leverage in negotiations and insolvency planning between landlords and lenders, on the one hand, and tenants and borrowers on the other. Typical strategies are often upended in unstable times, and the current global economic climate has created additional challenges.

Listen as this experienced panel discusses special problems with strategies for both debtors, investors, and over- or under-secured creditors when credit facilities have been secured by real estate.



  1. SARE v. non- SARE
  2. Cash collateral and DIP issues
  3. Landlord-tenant issues
  4. Adequate protection
  5. Post receivership filings: 543d1
  6. 1111(b) election
  7. Cramdown
  8. Lien stripping


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?


Dunn, Joseph
Joseph R. Dunn

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

Vilaplana, Victor
Victor A. Vilaplana

Of Counsel
Foley & Lardner

Mr. Vilaplana focuses his practice on the handling of insolvency matters, particularly complicated business...  |  Read More

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