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Bankruptcy and Creditors' Rights: What Real Estate Lawyers Need to Know

Content Provider
American Law Institute CLE
Product
CLE
Run Time
61 Minutes
Recording Date
11/16/2022
Presenter(s)
Cathy L. Reece, Beth Jo Zeitzer
Learning Method
On-Demand Training
Practice Area
Real Estate, Bankruptcy Law
Persona
CLE OnDemand

Price $219.00

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Description

Increased interest rates, inflation, cash flow problems, and compressed returns on investment classes have negatively impacted the short- and long-term commercial real estate market across many sectors. Adaptive trends have caused many businesses to reevaluate lease renewals, loan workouts, sources of cash flow, and how they operate or reshape their businesses. These trends have led lenders, owners, investors, and developers to respond by rethinking the solutions and alternative remedies of bankruptcy and various creditors rights in light of the current conditions. The current economic downturn has seen businesses struggle distressed commercial real estate substantially increasing the number of tenant closures, lease defaults, loan defaults, and foreclosures. As a result, real estate attorneys must be able to address some features alternative remedies of bankruptcy law and creditors rights law to advise and help direct their clients to take appropriate action. Join us for this 60-minute webcast that aims to familiarize commercial real estate lawyers with the basics of the different remedies for distressed real estate, including bankruptcy, receiverships under State or Federal law or the Uniform Commercial Real Estate Receivership Act, and foreclosure and sales to effectively assist in representing or defending against parties who have filed a bankruptcy proceeding or who are pursuing various creditors rights remedies. Topics of discussion include: Commercial Real Estate at Risk and Why - Office - Retail - Class A Multi-family - Hospitality Corporate Governance Issues - Bankruptcy Remote Entity/SPE issues - Independent Director/Unanimous Vote Requirement Loan Structures - Non-Recourse Loans - Bad Boy/Carve-Out Guarantees - Intercreditor Agreements - Cash Management issues When Things Go Wrong - Insufficient Cash Flow - Receiverships and UCRERA - Bankruptcy Proceedings - Assignments for the Benefit of Creditors - Foreclosures/Deed of Trust Sales - Other Alternative Remedies Bankruptcy success stories in 2021-2022 - Solutions that worked

Literature

State Status Total Credits Type Of Credit Approved Thru
AlabamaApproved1.00General12/31/2024
AlaskaApproved1.00GeneralOn-going
ArizonaApproved1.00GeneralOn-going
ArkansasApproved1.00GeneralOn-going
CaliforniaApproved1.00Participatory12/31/2027
ColoradoApproved1.00General12/31/2025
ConnecticutApproved1.00GeneralOn-going
DelawareApproved1.00General11/15/2024
FloridaApproved1.00General08/31/2024
GeorgiaApproved1.00General12/31/2024
HawaiiApproved1.00General12/27/2024
IdahoApproved1.00General11/16/2027
IllinoisApproved1.00General01/09/2025
LouisianaApproved1.00General01/05/2025
MaineApproved1.00General03/05/2025
MinnesotaApproved1.00General02/09/2025
MississippiPending State Response0.00
MissouriApproved1.20GeneralOn-going
MontanaApproved1.00General11/15/2025
NebraskaApproved1.01General11/15/2024
NevadaApproved1.00General12/31/2026
New HampshireApproved1.00General11/15/2025
New JerseyApproved1.00GeneralOn-going
New MexicoApproved1.00General11/15/2027
New YorkApproved1.00SkillsOn-going
North DakotaApproved1.00General11/15/2025
OhioApproved1.00General12/31/2024
OregonApproved1.00General11/15/2025
PennsylvaniaApproved1.00General01/05/2025
Rhode IslandApproved1.00General06/30/2024
South CarolinaPending State Response0.00
TexasPending State Response0.00
UtahApproved1.00General12/31/2024
VermontApproved1.00GeneralOn-going
VirginiaApproved1.00General10/31/2024
WashingtonApproved1.00General11/15/2027
West VirginiaApproved1.22GeneralOn-going
WisconsinApproved1.00GeneralOn-going
WyomingApproved1.00General01/05/2025

Speakers