Single Asset Real Estate Cramdown: Analyzing Impaired Accepting Class and Per-Plan vs. Per-Debtor Under Sec. 1129
Navigating Plan Confirmation Challenges for Real Estate Debtors and Senior Mortgage Lenders
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide counsel with approaches for commercial real estate debtors and senior mortgage lenders to deal with plan cramdown involving single asset real estate (SARE) entities. Specifically, the program will look at the meaning of impaired accepting class and analyze the per-plan vs. per-debtor approaches under Sec. 1129.
- Overview of plan cramdown rules
- Impaired accepting class
- Per-plan vs. per-debtor approaches
- Perspectives for the secured mortgage lenders
- Perspectives for the debtor/borrower
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?
- How does the application of the per-plan or per-debtor approach impact the secured lender’s ability to look only to their specific borrower for repayment of the loan?
Eric J. Fromme
Jeffer Mangels Butler & Mitchell
Mr. Fromme advises domestic and international clients facing high-stakes litigation and challenges. He also assists... | Read More
Mr. Fromme advises domestic and international clients facing high-stakes litigation and challenges. He also assists private equity funds, hedge funds and other strategic buyers in developing opportunities in the distressed debt arena. A substantial portion of his practice also involves advising boards of directors on corporate governance and fiduciary duty issues and litigation arising therefrom.Close
Samuel A. Newman
Gibson Dunn & Crutcher
Mr. Newman is a member of the firm’s Business Restructuring and Reorganization Group and the Corporate... | Read More
Mr. Newman is a member of the firm’s Business Restructuring and Reorganization Group and the Corporate Department. His practice involves representing creditors, debtors and other parties-in-interest in Chapter 11 cases. He also advises buyers, sellers, lenders and borrowers in transactions involving distressed assets. Mr. Newman is a frequent author and lecturer on bankruptcy issues.Close