BarbriSFCourseDetails
  1. keyboard_arrow_leftBack

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.

$297.00
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.

Faculty

Victor A. Vilaplana
Partner
Practus, LLP

Mr. Vilaplana is a business reorganization attorney focusing on the handling of insolvency matters, particularly complicated business bankruptcies and international transactions. His experience includes representing businesses in multiple fields, from medical device companies to agricultural producers in chapter 11 cases. He represents creditors, debtors as well as official committees in chapter 11 cases and he has also represented state court receivers and assignees for the benefit of creditors. He is also well versed on cross-border transactional matters, specifically involving Mexico and Canada. 

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio
Matthew G. Summers
Partner
Ballard Spahr LLP

Mr. Summers represents creditor committees, debtors, equipment lessors, landlords, indenture trustees, manufacturers, mezzanine lenders, officers and directors, secured creditors, trustees, and other parties-in-interest in all aspects of bankruptcy cases and bankruptcy-related litigation. He also represents numerous lenders, special servicers, and receivers in commercial foreclosure and receivership proceedings, involving a wide range of building types, including large industrial complexes, shopping centers, apartment complexes, and office buildings.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio

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?