Real Estate Committee


Post date: Monday, June 05, 2017

Recently, the United States Bankruptcy Court for the Eastern District of New York joined a growing list of courts that have disagreed with the First and Third Circuits and interpreted §1322(b)(2)[1] to prohibit a debtor from modifying a second lien secured by the debtor’s personal residence that is also an income-producing rental prope

Post date: Monday, June 05, 2017

The Bankruptcy Code allows a chapter 13 debtor to propose a plan that bifurcates undersecured claims into secured and unsecured claims except where the claim is one secured “only by a security interest in real property that is the debtor’s principal residence”.[1] If the sole collateral securing the claim is the debtor’s princ

Post date: Monday, February 27, 2017

While lawyers and trustees in individual debtor bankruptcy cases are likely familiar with § 363(h) of the Bankruptcy Code, many commercial bankruptcy lawyers often forget its existence.

Post date: Monday, February 27, 2017

[1]In yet another example of the lingering impact of the recession on the residential mortgage industry, the U.S. Bankruptcy Court for the District of Hawaii has weighed in on the meaning of a debtor's election to "surrender" his or her residence in a chapter 7 case.

Post date: Monday, February 27, 2017
Photo of Brian A. Audette
Brian A. Audette

The recent spate of major retail bankruptcy filings — Sports Authority, Radio Shack, Wet Seal, PacSun and Aeropostale, to name a few — have thrust landlords into the middle of unfamiliar and complex chapter 11 restructurings and asset sales.

Post date: Thursday, December 15, 2016

It’s been another great year for the Real Estate Committee. First, as co-chairs, we would like to thank its members for their support and continued participation on the Real Estate Committee for 2016. The committee is really only as good as its members and their contributions.

Post date: Tuesday, November 22, 2016

One of the benefits of purchasing a debtor’s assets through the bankruptcy process is the opportunity to obtain an order from a bankruptcy court approving the sale free and clear of other parties’ interests in the purchased property, pursuant to § 363(f) of the Bankruptcy Code.

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.


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

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

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

Mr. David E. Levy
Education Director
Keen-Summit Capital Partners & Summit Investment Management
Chicago, IL

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

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

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