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