BarbriSFCourseDetails
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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Bankruptcy

Date & Time
  • event Date

    Wednesday, March 16, 2022

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

$297.00

This course is $0 with these passes:

CLE
ALL

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.

Description

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.

Outline

  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

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 landlords in a down market?