TELESEMINAR: Restructuring Failed Real Estate Deals, Part 2 – A National Perspective
September 17, 2014
12:00 – 1:00 p.m.
1.00 MCLE hours
This program will provide you with a roadmap to the economics, practical and legal process, major tax and bankruptcy issues of restructuring failed commercial real estate projects. The program will discuss the economics of restructuring alternatives, determining which alternatives are most viable depending on the nature of the borrower/seller and lenders, and approaching lenders about a workout. The program will also provide a detailed discussion of specific restructuring alternatives and the tradeoffs of each, including straight buyouts, rescue capital/preferred securities, “loan to own” strategies, and more. The program will take a practical approach to how an attorney can help clients devise the best solution for rescuing a distressed real estate deal, negotiate and document the workout, and avoid the most adverse tax consequences. Part 2 of 2.
- Drafting forbearance and loan modification agreements
- Receivership of distressed properties and planning to emerge from receivership
- Buying failed real estate projects out of bankruptcy
- “Loan to own” strategies and limitations
- Tax issues, including cancellation of indebtedness and restructuring recourse indebtedness
- Potential loss of valuable tax attributes and tax planning opportunities
William L. Norton, Bradley Arent Boult Cummings, LLP, Tennesse
Richard R. Goldberg, Ballard Spahr, LLP, Pennsylvania
Brian J. O'Connor, Venable, LLP, Maryland