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Product ID: 409058EAU
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The Fundamentals of Commercial Real Estate Bankruptcy

OnDemand Webinar (64 minutes)

Understand the key steps in the bankruptcy process and how they affect the various parties related to commercial real estate.Bankruptcy cases involving commercial real estate present a multitude of problems. Depending on the party and its relation to the real estate, significant differences in concerns, legal issues and strategies come into play. Knowing the bankruptcy process, certain key provisions of the Bankruptcy Code applicable to commercial real estate, and what to expect in a bankruptcy case involving such real estate are vital in evaluating the best path. Owners of commercial real estate, tenants of commercial real estate, and mortgagees on such properties must each understand their respective positions, claims, and rights in a bankruptcy case. Knowledge of these issues in advance of a bankruptcy filing can greatly enhance preparation and expectations for counsel and their clients if and when a bankruptcy is filed.


Kirk B. Burkley, Esq., Bernstein-Burkley, P.C. Mark A. Lindsay, Esq., Bernstein-Burkley, P.C.


Bankruptcy 101

• Understanding Primary Bankruptcy Processes

• Key Differences Between Chapter 11 (Including Subchapter 5) and Chapter 7 Cases

• Understanding Property of the Bankruptcy Estate

• Understanding the Primary Effects of the Automatic Stay

Key Parties - Owners/Landlords, Tenants, Lenders

• Bankruptcy Tools, Effects, etc. Vary Widely Depending on the Party

• Understanding the Primary Effects and Strategies as to Each Party

Single Asset Real Estate Case

• What Is Single Asset Real Estate?

• Primary Differences/Concerns for Sare Debtor

• Potential for 'Bad Faith' Filing Challenge

Lender/Mortgagee Considerations

• Adequate Protection Requirements

• Cash Collateral Considerations and Assignments of Rents

• 363 Sales

• Potential Relief From the Automatic Stay

• Insurance

Commercial Leases - Landlord/Tenant Considerations

• 365(d) Requires Timely Performance of Lease Obligations

• 365 Allows for Assumption or Rejection of Unexpired Leases

• Tenant's Rights Under §365(h)

• §365(h) vs. §363 - Competing Rights

Strategies Prior to and in Bankruptcy

• Lease Enhancement Strategies

• Ipso Facto and Anti-Assignment Clauses

• Preference Defense

• Cramdown and Plan Confirmation