Single Asset Real Estate Bankruptcy Challenges for Secured Lenders and Debtors

Navigating New Value Plans, Section 1111(b) Election, Cramdown Interest Rate After Momentive Performance and More

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, November 11, 2014

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will provide counsel with approaches for secured lenders and single asset real estate (SARE) debtors in SARE bankruptcy cases. The program will outline and explain automatic stay, adequate protection, new value plans, the Section 1111(b) election, and the impact of Momentive Performance Materials on cramdown interest rates.


SARE rules hamper a debtor’s ability to reorganize or buy time to avoid foreclosure. While secured lenders frequently file for dismissal based on bad-faith filing on the eve of foreclosure, the bankruptcy court analysis often turns on whether the debtor has reasonable prospects for reorganization.

Cases like In re East River PlazaIn re Castleton Plaza, and In re 18 RVC narrowed avenues for debtors to achieve a confirmable plan. These cases addressed Section 1111(b) elections, new value plans, and classification of the lender’s deficiency claim. 

The recent ruling by the New York Bankruptcy Court in Momentive Performance Materials may make some SARE cases more viable based on the court’s approval of a cramdown of secured creditors with below-market replacement notes.

Listen as our authoritative panel of bankruptcy attorneys guides you through the morass of unique and complex issues in single asset bankruptcy cases.



  1. Automatic stay
  2. Adequate protection
  3. New value plans
  4. Section 1111(b) election
  5. Momentive Performance Materials and cramdown interest rate


The panel will review these and other key issues:

  • 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?
  • What impact does the recent ruling in Momentive Performance have on debtor cramdown strategies?


Annette W. Jarvis
Annette W. Jarvis

Dorsey & Whitney

Ms. Jarvis has extensive experience in representing financial institutions, debtors, trustees, examiners,...  |  Read More

Michelle M. Masoner, Esq.
Michelle M. Masoner, Esq.

Bryan Cave

Ms. Masoner practices primarily in the area of commercial litigation. For six years, she was a Federal Bankruptcy Court...  |  Read More

Daniel I. Waxman
Daniel I. Waxman

Wyatt Tarrant & Combs

Mr. Waxman concentrates his practice in the areas of bankruptcy and equine and gaming law.  He has represented...  |  Read More

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