Business

Property valuation is a major issue affecting all real estate asset classes in today’s market, impacting lending and sale transactions, litigation and development transactions. We’ve been here before, but what’s different this time? This panel will address key issues related to valuation, including how far values dropped, and what will drive them up; the assets and asset classes that have been the most impacted by value declines; some of the elements having the biggest impact on values, and why; the techniques most commonly used to value distressed properties in today’s market; and the due diligence best practices for minimizing risks in acquisitions and financing transactions.

In recent years, chapter 11 proceedings have garnered increasing attention from the media and the public in general. With congressional hearings on mass-tort bankruptcies, Texas-Two Steps and venue reform, politicians have sought soundbites about bankruptcy law to drive media coverage. Additionally, high-profile events tied to bankruptcy filings, like the collapse of FTX and other cryptocurrency firms, have drawn the attention of many who otherwise ignore the goings on of bankruptcy courts. This panel will discuss these current public perceptions (and misperceptions) of bankruptcy proceedings and how they affect the day-to-day practices of lawyers and judges.

This panel will analyze three major Supreme Court bankruptcy decisions (Kaiser Gypsum, Purdue Pharma and John Q. Hammons Fall) issued during its 2023-24 term, and the implications of these decisions for pending and future bankruptcy cases.

This panel will discuss ways in which practitioners can deal with the assumption/rejection deadline, rent caps, corporate authorities and other lease issues.

This panel will discuss capital providers, sources of funds, life of structures, what happens with defaults (CLO, CMBS, Bank), and what makes for a successful recap without a par transaction/payoff.

This panel will review recent confirmation and related issues, including tools being deployed in the confirmation process (such as the use of conditional disclosure statements, toggle plans and lock-ups/RSAs), equitable mootness in confirmation appeals, and the latest on releases and exculpation.

This panel will explore recent developments and trends in DIP financing, including equity-linked DIP facilities, contingent second draws, case controls, an increase in priming fights, and increased chapter 7 conversions due to an increased unwillingness of DIP lenders to bail out chapter 11 debtors.