Bankruptcy Issues for the Real Estate Professional
About this Program
Given the recent economic downturn, the need for many real estate borrowers to seek bankruptcy protection has increased and with it we have seen a significant rise in bankruptcy litigation. These actions, specifically in respect to single asset real estate debtors and supposedly bankruptcy remote special purpose vehicles, can be a confusing and highly contentious area of practice. In this program, attorneys Wayne H. Davis and Elaine Kleinberg discuss the many issues a real estate lender can run into when a borrower files for bankruptcy. The presenters cover single asset real estate debtors, how they are defined and how they are treated differently in respect to the federal bankruptcy code. Further, they explain bankruptcy remote special purpose vehicles and what role they play in many modern real estate transactions. Davis and Kleinberg expertly unpack the recent cases In re Kara Homes, Inc., In re General Growth Properties, Inc., In re Extended Stay Inc., and In re TOUSA, Inc. and clarify the market reality-based rationales the courts used to decide these advanced bankruptcy cases. This course is a must see for real estate attorneys trying to keep up with the newest cases and prepare themselves for the many issues that a borrower declaring bankruptcy might cause for real estate professionals.
I. Single Asset Real Estate Debtors
II. Comparison of “SARE” Debtor Bankruptcy Process with State Court Receivership
III. Remote Special Purpose Vehicles
IV. Fraudulent Conveyances and Transfers
Having more than one speaker makes presentation more interesting.
Excellent. A very complex subject explained so that the non-expert practitioner has a better understanding of the issues.
Very detailed. Need a basic knowledge of the subject.
Well done.Clearly identified issues.
Good presentation on important issues in real estate practice today.
Thank you. Always appreciate the cases by case analysis. Very helpful.
Excellent presentation, very good substance. This would be of value to most all practitioners.
interesting, especially the larger cases.
the slides for this program were the best of any I have reviewed this credit period.
Very helpful to a general real estate transactional attorney in considering long term risks and issues both for borrowers and lenders.
Very good overview of the latest bankruptcy developments. (I happen to know this b/c I read about them in the WSJ.)
A great presentation.
Brings up some very relevant issues in today's real estate market condition.
Good information for attorneys who represent lenders. This is an area which is often forgotten about in MCLE and is well appreciated by those of us who work for lenders on a daily basis.
Complicated subject matter but well presented. Good slides explaining the topics.
Very well done; interesting. Thank you.
Very interesting presentation on a very timely and pertinent topic.
Clear, enjoyable presentations.
Fascinating case analysis at the end, i.e. Tousa.
Learned a lot from this seminar!
Excellent! Full of useful information.
very good, excellent amount of energy
very good speaker
Clear Presentation. Good discussion of case law & very engaging speakers.
I loved it.
Well informed instructors.
not my field, but quite informative
Very informative and practical information
Excellent presenters; very informative.
Very detailed and complex but could understand all that was presented
very well written
Beautiful overview of essential practical considerations of BK/RE issues.
Good pace, interesting details, liked the practice tips, easy to follow and understand.
AGAIN, a very excellent program. Thank you.
helpful review for my practice and also learned some things or at least some more detail of some things
Very interesting and easy to follow.
Instructors were easy to listen to. I loved the case analysis and feel confident that in a business law setting I have the latest information
This was outstanding
Very good presentation from experienced and knowledgeable practitioners
Very good, but only finished half of the provided materials, if that.
Learned a new term Single Asset Real Estate Debtor and the facts and factors that are considered for purpose of determining same.
Great course - wish these instructors taught a few more. I would be interested in taking them all.
Speakers were engaging and knowledgable.
Particularly helpful from the creditor's perspective.