Real Estate

This panel will address current developments and improvements in DIP financing, including incurring credit in the ordinary course, priming liens, fairness, adequate protection, loan fees, mootness and good faith.

Discussion on the chapter 7 trustees’ powers to do a carve-out, the new use of short sales in chapter 7, and the most effective way to sell assets in today’s economic environment. Does the creditor have a say in the trustee’s course of action?

This panel is designed to give practical advice, including checklists, to attorneys, lenders and other insolvency professionals dealing with a pre-petition receivership action in state or federal court, as well as the appointment of a chief restructuring officer (CRO) in a chapter 11 case, with an emphasis on hotels and multi-family/multi-use developments.

Utilizing a case study, ABI's panel of experts will explore issues surrounding a lender's decision on whether or not to make an election under § 1111(b), plan feasibility, and voting. The panel will also walk attendees through the necessary mathematical analysis used to analyze these issues.

Real Estate Issues in Health Care Restructurings

Chapter 11 Track: The § 1111(b) Election, Plan Feasibility and Cramdown Issues Utilizing a case study, this panel will explore issues surrounding a lender’s decision on whether or not to make an election under § 1111(b), feasibility issues, voting issues and solid mathematical analysis.

A panel of experts will summarize and discuss the legal impact and practical implications of the Supreme Court’s 2012 decisions in Radlax and Hall. How does Radlax impact sale plans? Why does the Hall decision make asset sales more problematic and what is its broader impact? What do these cases tell us about how to brief and argue bankruptcy appeals? Hear ABI’s panel of experts’ insights into these significant cases.

Let's Make It Clear: Federal Rules of Bankruptcy Procedure 3001 and 3002 and Lien-stripping in a Distressed Real Estate Market On Dec. 1, 2011, Federal Bankruptcy Rules of Bankruptcy Procedure 3001 and 3002 were amended to provide increased transparency in proofs of claim and costs assessed during chapter 13 cases. This panel will focus on the effects of these changes on debtors, secured lenders and chapter 13 trustees. We will also review recent lien-stripping litigation, including the latest “chapter 20” case developments.

Discussion of restaurant/franchise business reorganization issues.