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Whether a result of the coronavirus pandemic, the suddenly dislocated capital markets, the end of the lengthy commercial real estate boom, or changes in the real property or its revenue, the property owner reaches out to the lender for urgent, needed debt relief. The owner is not nefarious, malevolent or incompetent and may have merely fallen prey to market or other — COVID-19 — forces outside of its control. The lender, which strives for a performing asset, an on-going relationship with its customer and repayment — not foreclosure or distress — makes concessions.
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By Bella Schiro and Misun Yoon
Many in the legal economy may be asking themselves whether they need office space at all now that everyone has been forcibly migrated to cyberspace. But having experienced work from home for several months, there is a newfound appreciation for the office workplace. But what will the office look like when we return to it?
By Jonathan Koevary and Robert Gagne
To say the least, for those companies that filed for bankruptcy on the eve of the COVID-19 shutdowns, the strategies — and available cash flows to pay landlords — did not go as planned.
By Jeffrey B. Steiner and Scott A. Weinberg
This article reviews a recent case, D2 Mark LLC v. OREI VI Investments LLC, to understand how the court’s decision may provide mezzanine lenders with guidance in structuring a UCC foreclosure sale auction in the COVID-19 landscape so as to strengthen their position against any claims by the mezzanine borrower that the sale is not commercially reasonable.
By Lidia Dinkova
Single-asset real estate bankruptcies (SAREs) are streamlined reorganizations for debt taken out by borrowers on just one property, giving them a three-month window to propose a restructuring plan.