Distressed Real Estate Filings to Continue
January 01, 2024
Although interest rates may have peaked, we continue to expect a large volume of distressed real estate debtors to utilize the bankruptcy system over the next couple of years. This article analyzes two recent decisions regarding distressed real estate bankruptcies, both of which involve rights of real estate lenders against proceeds of collateral other than the real estate itself.
How CRE's Asset Classes Performed In 2023
January 01, 2024
It was widely believed that the US would be in a recession by now, but that is not the case – it's one of several 2023 forecasts that didn't play out exactly how many thought it would.
Second Circuit Likely to Deliver Big Win for Commercial Shopping Center Lessor
December 01, 2023
The U.S. Court of Appeals for the Second Circuit, on remand from the Supreme Court, further remanded to the district court the key issue of whether the Chapter 11 debtor gave "adequate assurance of future performance of" a commercial real property shopping center lease "as required by the Bankruptcy Code after the debtor's assignment of its lease.
Key Win Likely for Commercial Shopping Center Lessor In Second Circuit
December 01, 2023
The Second Circuit, on remand from the U.S. Supreme Court, further remanded to the district court the key issue of whether the Chapter 11 debtor gave "adequate assurance of future performance of" a commercial real property shopping center lease "as required by [Bankruptcy Code] §365(b)(3)(A)," after the debtor's assignment of its lease.
Adaptive Reuse of Vacant Office Buildings
December 01, 2023
While transforming existing buildings for alternative purposes is not a new concept, this article seeks to explore the feasibility of alternative repurposing options with a focus on pre-existing office buildings; namely, converting vacant office space into vertical farms or cannabis growth operations.
Is A Real Estate Instrument Filing Fee An Unauthorized Tax?
December 01, 2023
Local governments have significant leeway to charge fees for services they provide their residents. But fee revenue sources can be attractive options for those local governments needing to fill budget gaps without raising taxes.
