News & Analysis as of

Chapter 11 Real Estate Market

Cozen O'Connor

Hundreds of Millions Lost by Seniors Due to Bankruptcies Filed by CCRC Communities

Cozen O'Connor on

The Wall Street Journal has reported that recent bankruptcies nationwide in the Continuing Care Retirement Community (CCRC) segment of the long-term care marketplace have resulted in residents losing their buy-in deposit....more

Patterson Belknap Webb & Tyler LLP

Court Orders Removal of Couple from Upper East Side Mansion

While the bankruptcy world’s eyes are locked on the genetic code up for auction in 23andMe’s chapter 11 proceedings, we are also focused on a more old fashioned asset: New York City real estate. 19 East 75th Street (the...more

Polsinelli

3rd Quarter 2024 Chapter 11, Healthcare, and Real Estate Distress Indices

Polsinelli on

Welcome to the 3rd Quarter 2024 Report for the Polsinelli | TrBK Distress Indices. The indices use filtered Chapter 11 filings as a proxy for distress in the overall U.S. economy and certain subsectors....more

White and Williams LLP

A Funny Thing Happened to My Ground Lease in Bankruptcy Court

White and Williams LLP on

Ground leases are an important – if somewhat unusual – part of the real estate finance industry. Because they typically cover large expensive properties like Rockefeller Center and The Empire State Building, to name two, and...more

Mintz - Bankruptcy & Restructuring Viewpoints

Understanding Post-Bankruptcy Liquidation Trusts

A main goal in bankruptcy is to get in and out as quickly as possible to minimize costs.  It is often the case that even though a substantial portion of a debtor’s assets have been liquidated in bankruptcy, some valuable...more

Seward & Kissel LLP

Arrested Development, Liquid Diet, Cardinal Sin, and Moot Court

Seward & Kissel LLP on

First Evergrande, now Sunac. Another big Chinese developer files for US bankruptcy protection | CNN Business - Sunac, a leading Chinese property developer, is the second giant Chinese developer in weeks, following...more

Morgan Lewis

When Is a Guaranty Claim Reduced by Recovery in a Debtor’s Bankruptcy Case?

Morgan Lewis on

Consider a lender that extends a term loan in the amount of $1 million to an entity debtor. The loan is guaranteed by the debtor’s owner. If both the debtor and the guarantor become subject to bankruptcy cases, it is settled...more

Herbert Smith Freehills Kramer

We Can Work It Out: Overcoming Obstacles to Real Estate Workouts

Real estate lenders and borrowers everywhere are trying to figure out what to do with properties that are either sitting vacant or underperforming pre-pandemic expectations. In New York, a number of mezzanine foreclosures...more

Patterson Belknap Webb & Tyler LLP

The Best Laid Plans: How a Proposed Sale of NYC Real Estate Under Section 363 of the Bankruptcy Code Went Awry

There are several ways in which property owners can advantageously use the Bankruptcy Code to effectuate strategic dispositions of assets. But the bankruptcy process can be fraught with uncertainty that can upend the best...more

Sheppard Mullin Richter & Hampton LLP

Post-COVID-19 Appraisals And The Burden Of Proof In Bankruptcy Cases

In the aftermath of the 9/11 attacks, the Appraisal Institute issued guidance to its MAI appraisers regarding the new challenges and limitations on rendering an opinion of real estate value in the wake of a disaster when...more

Polsinelli

Polsinelli-TrBK Distress Indices - Third Quarter 2018

Polsinelli on

We are pleased to announce the release of the Polsinelli-TrBK Distress Indices Report for the third quarter of 2018. Polsinelli, with data provided exclusively by TrollerBk.com, publishes the Indices Report on a quarterly...more

Polsinelli

Polsinelli-TrBk Distress Indices - Second Quarter 2018

Polsinelli on

We are pleased to announce the release of the Polsinelli-TrBK Distress Indices Report for the second quarter of 2018. Polsinelli, with data provided exclusively by TrollerBk.com, publishes the Indices Report on a quarterly...more

Polsinelli

Polsinelli-TrBK Distress Indices - Fourth Quarter 2017

Polsinelli on

We're pleased to announce the release of the Polsinelli|TrBK Distress Indices for the Fourth Quarter of 2017. Polsinelli, with data provided exclusively by TexHost, LLC d/b/a TrollerBk.com, publishes the Indices on a...more

Polsinelli

Polsinelli-TrBK Distress Indices - Second Quarter 2017

Polsinelli on

We're pleased to announce the release of the Polsinelli|TrBK Distress Indices for the Second Quarter of 2017. Polsinelli, with data provided exclusively by TexHost, LLC d/b/a TrollerBk.com, publishes the Indices on a...more

Perkins Coie

Ninth Circuit Overturns Entz-White Lumber; Avoiding Default Interest Via Cure Through Chapter 11 Plan No Longer Valid

Perkins Coie on

In the case of Pacifica L 51, LLC v. New Investments, Inc. (In re New Investments, Inc.), 9th Cir. November 4, 2016, the U.S. Court of Appeals for the Ninth Circuit held that a Chapter 11 debtor could not avoid paying default...more

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