Mortgage

This panel explores the evolving landscape of mortgage-servicing in bankruptcy under Federal Rule of Bankruptcy Procedure 3002.1, with a focus on recent developments following the Klemkowski decision. The panelists discuss practical implications for servicers, debtors and practitioners, including notice requirements, fee and escrow claim procedures, and common compliance pitfalls. The panelists also will provide guidance on how courts are interpreting Rule 3002.1 and what the Klemkowski ruling means for future practice and litigation strategy.Learning Objectives:Attendees will understand the requirements of Rule 3002.1 and recent developments affecting mortgage-servicing practices in bankruptcy cases.Attendees will analyze the impact of the Klemkowski decision on notice obligations, fee claims and escrow-related disputes.Attendees will identify compliance risks and develop strategies for effectively litigating and resolving Rule 3002.1 issues.

A focused discussion on the systemic pressures shaping today’s affordable housing landscape, using the Pinnacle Bankruptcy as a real‑world example. Speakers will highlight key legal, financial, and practical issues from the case, then expand the conversation to broader market trends, fiduciary challenges, and legal considerations affecting affordable housing across regions.Learning Objectives:Attendees will learn to:Apply key legal and financial lessons from the Pinnacle bankruptcy case to identify systemic pressures and fiduciary challenges in affordable housing restructurings.Distinguish between case-specific issues and broader market trends affecting affordable housing operators and financing structures across multiple jurisdictions.Formulate legal strategies to address regulatory compliance and practical considerations unique to distressed affordable housing matters.

This plenary will consist of small group huddles with judges and fellow attendees to work through case problems.

If you suddenly became the owner of Batman’s secret cave, would you know how to value it, lease it or sell it? Could you transfer it in a § 363 sale, or could you cancel any claims Batman and others may have on the permanently installed Bat Computer? This session reveals the panelists' oddest adventures in real estate, and the latest in commercial real estate trends.

This panel will focus on post-petition accrual of equity in real estate, the recent Supreme Court decision regarding tax violations, preferences, whether direct mortgage payments are considered “payments under the plan.”

The Fair Debt Collection Practices Act and the Real Estate Settlement Procedures Act play increasingly critical roles. This panel will introduce and explain the most important features of the FDCPA and RESPA.

The global pandemic has had an incredible impact on mortgage issues in consumer bankruptcies and will continue to do so for the foreseeable future. From the CARES Act forbearances, to resolving those forbearances through a waterfall of options including partial-claim mortgages, deferral agreements and modifications, to HAF funds, potential sales and other loss-mitigation options, this panel will discuss the pandemic's effects on consumer bankruptcies and the various issues that creditor and debtor attorneys will have to navigate.

Sponsored by ABI's Real Estate Committee According to Trepp, $109 billion in commercial mortgage-backed securities (CMBS) loans was issued in 2021. These loans are popular among income-producing-property investors for a variety of reasons, including favorable rates, attractive loan-to-value ratios, a streamlined underwriting process and more. However, given their structure as investment vehicles, technical nuances come into play in workout and restructuring situations because of the special servicers and trustees involved. While bankruptcy filings are rare because filing typically violates a loan covenant known as a “Bad Boy provision," for some borrowers this path makes sense. This program will focus on these issues and more to prepare attorneys, financial advisors and other professionals for future restructuring assignments in this unique space.