Real Estate

This panel of legal and business experts will examine the ripple effects of the COVID pandemic on the real estate world, including its impact on office buildings, retail, hospitality and lending. Starting with a brief overview of the market, the panelists will explore the domino effects of the pandemic on tenants, landlords, lenders and investors. What is different about this crisis from previous real estate downturns, and how will (or should) strategies differ? Will we see a wave of SAREs? What exacerbating problems could arise in retail bankruptcies (such as co-tenancy agreements in malls) or hospitality cases (such as franchise and flagging issues)? What opportunities will exist in 363 sales, lease assignments and discounted loans? This lively discussion of legal issues and business strategies promises to make you think of COVID effects in whole new ways.

Presented by the Real Estate and Unsecured Trade Creditors Committees This panel will explore the myriad legal conundrums landlords have been facing in bankruptcy cases across the country since the COVID-19 pandemic took hold. Discussion points will include landlord rights to assumption/rejection and timing, the ability of debtors to defer rent payments to landlords for lengthy periods of time, and the impact of force majeure clauses in these disputes.

Most office employees have been working from home throughout the pandemic, and businesses are increasingly realizing that office space is not as essential as once thought. In addition, retailers are closing their doors permanently or shifting exclusively to online sales. Can corporate real estate survive or reinvent itself?

Sponsored by the Real Estate Committee This panel will provide an overview of the real estate economy and take a look at what restructuring plans may entail in the post-pandemic economy, from large corporate players to small companies and investors, as well as what valuations may look like over the next few years.

This session will review issues currently facing single-asset real estate investing and CMBS markets.

Real Estate is red-hot right now — which means it’s an attractant for both the savvy investor and the fraudster. Don’t miss getting the inside scoop on the law and insights from other perspectives concerning the latest schemes and themes in real estate fraud and bankruptcy. A panel of experts with varying professional backgrounds will discuss the various forms of fraudulent schemes involving real estate pre- and post-bankruptcy, how to sniff out irregularities using various accounting and forensic tools, what to do once you realize your client has a problem (whether debtor or creditor), and how to safeguard your clients and cases from future problems.

This panel will explore the evolution of real estate financing structures leading up to today’s market, and discusses how current trends and varying structures can affect results in a future workout or bankruptcy.

"Hosted by the Ethics & Professional Development and Real Estate Committees The panel discussion will focus on scenarios grounded in real estate and ethics, including ethical issues surrounding initial interviews and conflict checks, ethically pursuing cases posing potential good-/bad-faith issues due to cannabis-related uses of real property, whether “zealous representation” is still a guiding principle, whether one may ethically use internet “information” as a litigant and judge, and how to appropriately raise potential judicial misconduct."

Are we headed for another crash? If so, are we ready? This panel will discuss recent case law and provide a statutory update, including cram down standards in consumer cases and the current market.

Join notable experts as they dive into royalty interests: real property or contract interest?, abandonment and environmental liabilities, the Uniform Assignment of Rents Act, are foreclosure sale purchases protected from avoidance under § 547?, circuit split: application of anti-modification clause to mixed-use properties, § 363(h): an oft-forgotten-yet-powerful tool for co-owners of commercial real estate, in the absence of default, are landlords entitled to attorneys’ fees as cure costs upon lease assumption and assignment?, the meaning of “surrendering” real property under § 521, does termination of a lease constitute a “transfer” under 11 U.S.C. §§ 547 and 548?, and adequate-protection issues.