Real Estate

This panel discusses cutting-edge issues related to REIT restructurings and financings.

This panel discusses workout strategies for distressed real estate cases from lender and borrower perspectives, including what works, what doesn’t, tradeoffs, pitfalls and more.

Sponsored by ABI's Real Estate Committee The commercial real estate economy has weathered back-to-back storms: a global pandemic, which brought swift changes in demand across asset classes and geographic markets, and aggressive Federal Reserve actions to curb inflation with rate hikes, which have finally begun to ease. As we kick off a new year, the ABI Real Estate Committee is presenting a Commercial Real Estate Economic Outlook featuring Brandon Svec, National Director of Analytics for CoStar Group. Brandon will share his views on where things stand on a macroeconomic level, by property type, and on other forces impacting this sector, enabling ABI members to stay ahead when new real estate matters cross their desks. Plus, he frequently presents on the real estate economy to leading lending, development, acquisition, and brokerage firms across the nation. The program will cover key questions, such as: Which asset classes and which parts of the country are showing elevated distress that could present opportunities for ABI members in the year ahead? Is the change in the demand for office space permanent? What impact might the leadership transition in the White House and Congress have on the real estate economy? *This webinar is no longer approved for CLE credit in WI.

Hosted by Bankruptcy Litigation & Real Estate Committees Fraud is an ever-present concern in bankruptcy cases, manifesting in various forms from False Claims Act violations to Ponzi schemes. This panel will provide practical tips and strategies for identifying, addressing and litigating fraud in the bankruptcy context.

This panel will discuss the changes and trends in dealing with distressed commercial real estate, including commercial office buildings, high-rise office buildings, medical offices, apartments, nursing homes and shopping centers, among other assets. We also will discuss loan workouts, remedies for distressed loans such as receiverships, foreclosures, deed of trust sales, deeds in lieu of foreclosure, guarantees, abandonment or turnover of assets and bankruptcy, and landlord/tenant issues and their impact on the landlord’s loan. The topics in this interactive discussion apply to and are not unusual for attorneys experienced in real estate finance, loan workouts, receiverships, bankruptcy and lender liability.

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

For many reasons, distressed commercial real estate appears to be a part of the foreseeable corporate landscape. As businesses wrestle with back-to-the-office issues and retail bankruptcies, the market is bracing for an influx of tenants and landlords struggling with increased interest rates and property owners addressing debt maturities with an often-shrinking tenant base. This panel will help attendees navigate the effects of these issues, and what they could mean for investors and restructuring professionals, by presenting the perspectives of landlords, debtors, committees and lenders, as well as the bench.

This panel will examine a host of real estate issues, including the intersection of reverse mortgages and bankruptcy, and the rights of heirs when a borrower files for bankruptcy; the distribution of equity in post-petition real estate sales, and how to determine who is entitled to the proceeds; whether, since Toth, the prime rate is the best measure of risk when applying the Till rate for total debt claims in bankruptcy; the classification of conduit payments, and whether direct mortgage payments should be considered part of bankruptcy plan payments; and effective strategies for addressing and resolving mortgage issues to guarantee that debtors achieve a fresh start post-bankruptcy.

With a sluggish return to office, a looming maturity wall and a challenging refinancing environment, distress in commercial real estate looks to be here to stay for the foreseeable future. This panel will help attendees navigate this complex environment while offering diverse perspectives representing landlords, debtors, committees and lenders, as well as from the bench.