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Real Estate Committee


Post date: Tuesday, October 22, 2019

The majority of real property leases provide for prepayment of rent on the first of each month.[1] However, tenants filing for chapter 11 do not always pay on the day their rent is due and payable.

Post date: Thursday, March 14, 2019

Releases in conformation orders do not always protect against subsequent litigation or liability. DVL Inc. and DVL Kearney Holdings LLC (collectively, “DVL”) filed a lawsuit in the U.S. District Court for the District of New Jersey against Congoleum Corp., which in turn sued Bath Iron Works Corp.

Post date: Friday, January 11, 2019

Investing in distressed real estate is often characterized by the high returns it can offer on invested capital, as well as the many ways an investor can lose his invested capital. When investing in distressed real estate, either via equity or debt, it is inevitable that investors will come across “hair” that would normally deter more institutional investors.

Stephanie C. Lieb
Post date: Friday, September 07, 2018

Shopping centers are a delicate blend of stores and services, carefully crafted at the hand of the master mixologist: the landlord. However, if a landlord doesn’t take certain precautions, it may lose its right to control the balance of the ingredients to this cocktail: the tenant mix.

Post date: Friday, September 07, 2018

A Massachusetts bankruptcy court has ruled that a duplex used both as the debtors’ residence and an Airbnb rental qualified for Massachusetts’s homestead exemption.

Post date: Tuesday, June 19, 2018

Bankruptcy trustees are armed with several familiar tools to recover assets for the benefit of the bankruptcy estate. One commonly used tool is state law avoidance powers, which is granted to trustees by § 544(b). However, trustees (and their attorneys) should be aware that § 548 provides an additional, independent cause of action to avoid transfers.

Post date: Tuesday, June 19, 2018

Section 522(b)(3)(A) of the Bankruptcy Code generally permits a debtor to claim exemptions under the state or local law applicable on the date of the filing of the petition.[1] Which state or local exemption scheme applies is determined by a debtor’s domicile during the 730 days immediately preceding the petition date, but what happens

Post date: Tuesday, June 19, 2018

The collapse of a commercial construction project may result in reorganization or liquidation through an insolvency proceeding overseen by a bankruptcy trustee or receiver. As part of the wind-down process, following the liquidation of assets the fiduciary has an obligation to equitably distribute any remaining and recovered assets to the estate’s creditors.

Deborah M. Kennedy
Post date: Thursday, January 18, 2018

A recent opinion issued by the Ninth Circuit Court of Appeals in the case of Pinnacle Restaurant at Big Sky LLC v.

Post date: Thursday, January 18, 2018

Three men had a vision to develop a sports complex in Middleton, Del. They formed a limited liability company called, fittingly, Delaware Sports Complex LLC (hereinafter “DSC”)[1].


Fri, 2017-12-01

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.

Thu, 2017-10-19

Many insolvency professionals regularly encounter the rejection of real property leases under section 365 of the Bankruptcy Code, either through the representation of debtors, creditors, landlords, or tenants. Lease rejection issues have become more prevalent during the recent spate of retail bankruptcies, particularly due to the rise of online retail and the accompanying threat to traditional brick-and-mortar.

Tue, 2017-04-04

In 2010, at the height of the last economic downturn, there were almost three million foreclosure filings nationwide. It therefore is not surprising that almost all insolvency professionals will confront foreclosure at some point, either representing a lender considering a foreclosure filing or whose claim is affected by one, or a borrower facing threats of foreclosure. This Webinar will provide experienced and novice practitioners alike with the tools needed to advise on these situations.

Tue, 2017-03-07

Authors of the most recent Real Estate Committee newsletter recently held a committee call to discuss their respective articles and take participant questions.  Topics included: application of section 363(h) of the Bankruptcy Code, “surrender” of collateral in Chapter 7 and 13 cases, and attorneys’ fees as “cure costs".


Fri, 2016-04-15

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

Fri, 2015-04-17

Don’t Restrict My Sale: The Enforceability of Restrictive Covenants and Easements in Assets Sales in Bankruptcy

Ms. Megan W. Murray
Underwood Murray PA
Tampa, FL
(813) 5408403

Mr. Michael A. Rosow
Winthrop & Weinstine, P.A.
Minneapolis, MN
(612) 604-6734

Mr. David E. Levy
Communications Manager
NRC Realty & Capital Advisors, LLC
Chicago, IL
(312) 278-6870

Mr. Evan T. Miller
Education Director
Bayard, P.A.
Wilmington, DE
(302) 429-4227

Mr. Charles A. Malloy
Membership Relations Director
Arnold & Porter Kaye Scholer LLP
Washington, DC
(202) 942-5926

Mr. Mark M. Sharf
Newsletter Editor
Sharf Law Firm
Los Angeles, CA
(818) 788-4800

Mr. Kevin C. Gray
Special Projects Leader
Alabama Farmers Cooperative, Inc.
Decatur, AL
(256) 517-5100

Ms. Erin A. West
Special Projects Leader
Godfrey & Kahn, S.C.
Madison, WI
(608) 257-3911

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