Navigating Single Asset Real Estate Status in Bankruptcy

ByDonald L. Leech

Jul 13, 2022
By Adam Rogoff, David Blabey Jr. and Kelly Porcelli (July 13, 2022, 2:49 p.m. EDT) — Among the various political tensions built into the Bankruptcy Code is the balance between giving a debtor sufficient time to reorganize and the impact on creditors — particularly secured lenders — of the delays imposed in the exercise of remedies.

Although the Bankruptcy Code offers certain protections to a secured creditor against the potential impacts of delay – for example, adequate protection – real estate lenders have a specific remedy in the form of single asset real estate matters. , or SARE.

To obtain – or conversely, from the debtor’s perspective, to be burdened with – these protections, a preliminary question is whether the debtor meets the criteria to be treated…

Stay one step ahead

In the legal profession, information is the key to success. You need to know what’s going on with customers, competitors, practice areas and industries. Law360 provides the intelligence you need to stay an expert and beat the competition.

  • Access to case data in articles (numbers, filings, courts, nature of lawsuits, etc.)
  • Access to attached documents such as briefs, motions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and more!