Real Estate Committee


Post date: Monday, June 01, 2009

When a retail company enters bankruptcy, its most valuable asset routinely includes its interest as a tenant in unexpired commercial-space leases. Subject to certain limitations, the Bankruptcy Code permits the debtor-tenant to continue its operations in the profitable locations and “reject” the unprofitable stores, which are effectively abandoned back to the landlords.

Post date: Sunday, March 01, 2009

In a case of first impression in the circuit, the Sixth Circuit Court of Appeals has applied Federal Rule of Civil Procedure 60(b) to revoke a bankruptcy trustee's "technical" abandonment of property. LPP Mortgage Ltd. v. Brinley, 547 F.3d 643 (6th Cir. 2008).

Post date: Sunday, March 01, 2009

Historically, a credit bid in a chapter 11 sale has frequently been viewed as a "non-sale" event, and the parties did not feel an obligation to pay an investment banker, business broker, real estate broker or auctioneer (the professional) a commission for the result.

Post date: Sunday, March 01, 2009

Selling Distressed Real Estate at Auction in Today's Market

Post date: Sunday, March 01, 2009
Photo of Niclas A. Ferland
Niclas A. Ferland

Examples of how the current economic meltdown impacts the chapter 11 landscape are many. The unavailability of debtor-in-possession financing in most cases makes maintaining cash levels that much more important during the reorganization process.

Post date: Sunday, March 01, 2009

Do you remember when advertising a "bankruptcy sale" attracted legions of deal-hungry bidders? Not anymore: The game has changed. Real estate disposition now requires new techniques to drive values and timely sales.

Post date: Sunday, February 01, 2009
Photo of Prof. Jack F. Williams
Prof. Jack F. Williams

The House Judiciary Committee approved an amendment in the nature of a substitute for H.R.

Post date: Friday, August 01, 2008

A circuit split. State vs. estate. Textualism vs. pragmatism. Despite its promise, this year's Supreme Court Bankruptcy Code interpretation bout- Florida Dept. of Revenue v. Piccadilly Cafeterias Inc., 128 S.Ct. 2326 (2008)- was relatively dull. Pragmatism entered the ring disoriented and nervous, and was quickly k.o.'ed by textualism and the certainty of taxes.

Post date: Friday, August 01, 2008

In the past, a chapter 11 debtor's counsel might have opted to take advantage of a sale of assets under §363 of the Bankruptcy Code to avoid the delays and uncertainties of the plan confirmation process.  On June 16, 2008, the U.S. Supreme Court in Florida Dept. of Revenue v.

Post date: Monday, May 05, 2008

For many businesses that operate in shopping centers, industrial complexes, office buildings or other leased property, nonresidential real property leases are often among the “crown jewels” of the company’s assets.


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

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