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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 program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, March 16, 2022

Recorded event now available

or call 1-800-926-7926

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 market reports, while bankruptcies in other industries returned to pre-pandemic levels, significant bankruptcies involving real estate increased in 2021. Many were dealing with struggling shopping centers and hotels.

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. Unstable times often upend commonly used strategies, and the current global economic climate and increasing interest rate environment has created additional challenges.

Many legislative changes will sunset at the end of 2021 or 2022, but the problems they were intended to address remain.



  1. SARE vs. 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 landlords in a down market?


Summers, Matthew
Matthew G. Summers

Ballard Spahr

Mr. Summers represents creditor committees, debtors, equipment lessors, landlords, indenture trustees,...  |  Read More

Vilaplana, Victor
Victor A. Vilaplana


Mr. Vilaplana is a business reorganization attorney focusing on the handling of insolvency matters, particularly...  |  Read More

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