Real Estate Committee


Post date: Tuesday, November 22, 2016
Photo of Deborah M. Gutfeld
Deborah M. Gutfeld

In a recent opinion delivered by Judge Huennekens in the case of In re Alpha Natural Resources Inc., et al.,[1] the bankruptcy court permitted the debtor, Alpha Wyoming Land Co., to reject a settlement agreement that required the payment of a royalty, the amount of which was based on a percentage of the coal mined and subseque

Post date: Tuesday, November 22, 2016

Considering that bankruptcy cases typically involve divvying up a less-than-whole pie, it should not come as a surprise when a court disfavors debtors trying to have their cake and eat it, too.

Post date: Tuesday, November 22, 2016
Photo of Elan A. Gershoni
Elan A. Gershoni

Lenders frequently require that the insiders of single-asset real estate borrowers[1] personally guarantee their companies’ debt to the lender.

Post date: Thursday, September 15, 2016

There is a split among bankruptcy courts as to whether a debtor may modify his or her state law right of redemption through a chapter 13 plan after his or her real property is sold at a tax sale.[1] Section 1322 of the Bankruptcy Code permits a debtor to modify the rights of secured claims through a plan under certain enumerated circum

Post date: Thursday, September 15, 2016

Counsel for commercial landlords should be aware of the Seventh Circuit’s recent opinion in Great Lakes Quick Lube LP v. T.D.

Post date: Thursday, September 15, 2016

The § 363 game may be changing again, at least with respect to the treatment of express easements in real property.

Post date: Tuesday, May 31, 2016

[1]There are legions of cases interpreting the anti-modification clause of the Bankruptcy Code in the context of stripping off, cramming down or bifurcating residential mortgages. However, when it comes to other security interests recorded against residential properties, the law is not so clear.

Post date: Tuesday, May 31, 2016

Section 506(a) of the Bankruptcy Code provides that a claim is secured “to the extent of the value of such creditor’s interest in the estate’s interest in such property,” and that for purposes of determining a secured claim, the value of collateral “shall be determined in light of the purpose of the valuation and of the proposed disposition or use of such property.”

Post date: Tuesday, May 31, 2016
Photo of Megan W. Murray
Megan W. Murray

Hurricane Sandy was the deadliest hurricane in the 2012 hurricane season and the second-costliest hurricane in U.S. history. It was Sandy that came ashore on Oct. 29, 2012, with a vengeance and destroyed the Zairs’ home, which was located within the jurisdiction of the U.S. Bankruptcy Court for the Eastern District of New York.

Post date: Tuesday, May 31, 2016

On May 3, 2016, Hon. Shelley C. Chapman of the U.S. Bankruptcy Court for the Southern District of New York ruled that covenants contained in certain executory contracts do not run with the land and may be rejected pursuant to § 365 of the Bankruptcy Code. In re Sabine Oil & Gas Corp., et al. involved agreements between the Sabine Oil & Gas Corp.


Ms. Katharine B. Clark
Thompson Coburn LLP
Dallas, TX
(972) 629-7100

Ms. Erin A. West
Godfrey & Kahn, S.C.
Madison, WI
(608) 284-2277

Mr. Greg Corbin
Membership Relations Director
Northgate Real Estate Group
New York, NY
(212) 419-8101

Please note that in order to view the content for the Committee Newsletters you must either sign in if you are already an ABI member, or otherwise you may Become an ABI Member