Real Estate

Hosted by ABI's Real Estate Committee Join this panel of subchapter V trustees and attorneys counseling debtors and creditors as they review the basic tenets of the subchapter V legislation, including revisions made to the CARES Act of 2020, with a focus on real estate-based cases. Topics for discussion include unique issues in play, common types of real estate cases being filed, success stories, debtor watchouts, and misconceptions about the role of subchapter V trustees.

Sponsored by ABI's Commercial and Regulatory Law Committee A distinguished panel of experts will discuss the background and scope of the latest mortgage-servicing regulations promulgated by the Consumer Financial Protection Bureau, and how they could impact your day-to-day bankruptcy practice.

The panelists will compare the leniency of bankruptcy courts vs. state courts in regard to real estate, including their flexibility on assumption/rejection and delayed rent payments, and the resulting impact on commercial properties and law firms, as well as adequate protection. The implications of the Fulton decision will also be discussed.

NO CLE Norman N. Kinel, Moderator Squire Patton Boggs; New York Resolved: The Bankruptcy Code impliedly repeals the Federal Arbitration Act with respect to disputes regarding the allowance of claims against a bankruptcy estate. Pro: Hon. Ashely M. Chan U.S. Bankruptcy Court (E.D. Pa.); Philadelphia Con: Hon. Eric L. Frank U.S. Bankruptcy Court (E.D. Pa.); Philadelphia Resolved: A chapter 11 plan of reorganization may lawfully release the liability of a third party for its own tortious conduct without the consent of the creditor whose claim is being released. Pro: Hon. Janet E. Bostwick U.S. Bankruptcy Court (D. Mass.); Boston Con: Hon. Frank J. Bailey U.S. Bankruptcy Court (D. Mass.); Boston

This panel will discuss options and issues surrounding distressed shopping centers, retail spaces, apartments, office buildings, and other distressed real estate assets, plus proactive planning for distressed real estate assets.

A look at the economic impact of COVID and the road ahead, including which industries will continue to struggle and may be casualties, which seem immune to the pandemic’s effects, and which were initially sick but appear to be on the road to recovery.

First Day by Reorg Midyear Review: 2020 Bankruptcy Boom Subsides; 2021 Real Estate, Hotel Chapter 11s Peak In a presentation moderated by ABI Editor-at-Large Bill Rochelle, the First Day by Reorg Research, Inc. team will provide an overview of its midyear review, detailing chapter 11 filings data and trends during the first half 2021. They will provide industry-level insights across various sectors and highlight key takeaways. Background to the First Day by Reorg Midyear Review 2021 Coming off a record-setting year of chapter 11 filings in 2020 as the COVID-19 pandemic swept the globe and impacted multiple industries, the first half of 2021 trended well below historical averages, with a low point in May. Compared to the busiest second and third quarters of 2020, when consumer discretionary sector cases and, in particular, brick-and-mortar-heavy companies were filing with unprecedented frequency, 2021’s H1’s consumer discretionary chapter 11 cases dropped by almost half. Real estate was the only industry to see an increase in chapter 11 filings, as compared with both H1 2020 and H2 2020, as hotels and commercial real estate struggled.

The panelists will discuss the state of the middle-market and commercial real estate industries, with a focus on the capital markets and current transactions. Topics covered will include a review of financing and M&A alternatives, how lenders are dealing with distressed companies and assets, key issues in lease restructuring, and the future of the office sector.

Sponsored by American Bankruptcy Institute and INSOL International A distinguished panel of legal and business professionals from the U.S., Canada, U.K. and E.U. will explore the current state of the commercial and office markets, where the markets are headed, and creative strategies for both landlords and tenants to address the hardships posed by the pandemic. The relevant issues will be addressed across the panelists' varied jurisdictions.

The panelists will revisit real estate and real estate-based business workouts, bankruptcies and restructurings during the peak of the pandemic and extrapolate the lessons learned as guidance for debtors, tenants, landlords and investors moving forward as we begin the recovery period. The panelists also will focus on important pandemic bankruptcy cases and key rulings on leases and workout strategies, and will assess issues surrounding asset valuations and projections.