Real Estate

Hosted by the Health Care, Real Estate, and Technology and Intellectual Property Committees This panel will explore the rapidly changing world of information technology and medical device technology, and how it is transforming the health care system in America. Just as importantly, the panelists will discuss the financial implications and issues impacting health care providers due to the costs associated with these technological changes, and how they are dealt with in the circumstance of a financially distressed health care business.

A panel of judges, academics and Supreme Court practitioners will lead a discussion regarding the 2016-17 Supreme Court decisions of note for insolvency practitioners, as well as the high court’s most impactful, interesting or problematic decisions on bankruptcy practice to date. Amendments to Rule 37(e) (in effect since December 2015), as well as courts’ and litigants’ experiences with amended Rule 37(e), will also be discussed.

As the value of commercial and residential real property is often in flux, especially in light of the Great Recession of 2008, the rights and obligations of interested parties, as well as their incentives and motivations, can change. This panel will discuss the implications of changing valuations of residential real property in chapter 7 and 13 cases, as well as residential and commercial real property in chapter 11 cases.

This panel will explore legal trends relating to rising real estate values in consumer bankruptcy cases, including issues related to stay relief, lien-stripping, reaffirmation agreements, and what could happen post-discharge if a debtor fails to act in conformity with his Statement of Intention. This panel will also address the current state of mortgage modification mediation programs and the latest happenings with the CFPB.

This panel will explore legal trends relating to rising real estate values in consumer bankruptcy cases, including issues related to stay relief, lien-stripping, reaffirmation agreements, and what could happen post-discharge if a debtor fails to act in conformity with his Statement of Intention. This panel will also address the current state of mortgage modification mediation programs and the latest happenings with the CFPB.

Hospitality and the Tax Man: Historical Hospitality Tax Issues in Distress

Big and Little Boxes: The Ins and Outs of Retail Restructuring

Recent decades have seen substantial expansion in exemptions from the Bankruptcy Code’s provisions with respect to repurchase agreements, or “repos.” These agreements, which are equivalent to very-short-term (often one-day) secured loans, are exempt from such core bankruptcy provisions as the automatic stay, the avoidability of fraudulent transfers and the avoidability of preferences. Recent scholarship has questioned whether these exemptions are justified for mortgage-backed securities and other securities that could prove illiquid or unable to realize their long-term value in the event of the kind of panic experienced during the financial crisis of 2007-09. This panel will explore the arguments for and against revising the Bankruptcy Code’s existing treatment of these agreements.