The Fundamentals of Commercial Real Estate Bankruptcy
1 hour 30 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.
• You will be able to describe the challenges and options facing a landlord to a commercial tenant debtor.
• You will be able to identify the effects of the automatic stay and what creditors can and cannot do following a bankruptcy filing.
• You will be able to recognize the potential strategies and pitfalls facing a debtor/owner of commercial real estate.
• You will be able to discuss the key steps in the bankruptcy process and how they affect the various parties related to commercial real estate.