Non-Consolidation Opinions in Commercial Real Estate Finance: Factual Assumptions, Critical Elements, Avoiding Pitfalls

Ms. Borgeson’s practice is concentrated in the areas of bankruptcy and structured finance. She provides advice to lenders in connection with the origination and securitization of complex bankruptcy-remote commercial mortgage loans. She also advises financial institutions on the safe harbor provisions for financial contracts under multiple insolvency regimes. In addition to her transactional work, Ms. Borgeson has significant bankruptcy litigation experience, having represented creditors, lenders and debtors in bankruptcy proceedings in the financial, automotive and energy industries.

Mr. Harbour regularly represents all major constituencies in formal bankruptcy proceedings and in out-of-court restructurings. His experience includes representing corporate debtors, secured and unsecured creditors, parties to safe harbored financial contracts, indenture and securitization trustees, lessors, and other parties in interest in Chapter 7, Chapter 11 and Chapter 15 bankruptcies, and in workouts. Mr. Harbour’s practice also focuses on providing insolvency-related structuring advice and legal opinions in connection with complex transactions for asset based-lending, asset securitizations, safe harbored financial contracts, conduits, derivatives and other financial hedges, project finance, REITS, REMICS, real estate finance and other capital markets transactions.