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Distressed Real Estate Bankruptcies Continue, Despite Interest Rate Peak Image

Distressed Real Estate Bankruptcies Continue, Despite Interest Rate Peak

Andrew C. Kassner & Joseph N. Argentina Jr.

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.

Features

Distressed Real Estate Filings to Continue Image

Distressed Real Estate Filings to Continue

Andrew C. Kassner & Joseph N. Argentina Jr.

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.

Columns & Departments

Players On the Move Image

Players On the Move

Entertainment Law & Finance Staff

A look at moves among attorneys, law firms, companies and other players in entertainment law.

Features

CRE Case Roundup: Analysis of Recent Cases In Commercial Leasing Image

CRE Case Roundup: Analysis of Recent Cases In Commercial Leasing

Stewart Sterk & Scott Mollen

Stewart Sterk, Mack Professor of Law at the Cardozo School of Law and Editor-in-Chief of New York Real Estate Law Reporter and Scott Mollen, partner at Herrick Feinstein provide analysis of recent cases regarding commercial real estate.

Features

To What Extent Does a Bankruptcy Court Have Jurisdiction Over a Post-Confirmation Lawsuit? Image

To What Extent Does a Bankruptcy Court Have Jurisdiction Over a Post-Confirmation Lawsuit?

Lawrence J. Kotler

In the recent decision of Tew v. ED&F Man Capital Markets, the U.S. Bankruptcy Court for the Eastern District of Kentucky addressed a thorny decision for all bankruptcy courts, namely to what extent a bankruptcy court has jurisdiction over a post-confirmation lawsuit.

Columns & Departments

Fresh Filings Image

Fresh Filings

Entertainment Law & Finance Staff

Notable court filings in entertainment law.

Features

Following Uptick In 2023, Bankruptcy Lawyers Are Expecting a Busy 2024 Image

Following Uptick In 2023, Bankruptcy Lawyers Are Expecting a Busy 2024

Alexander Lugo

Predictions of an uptick in bankruptcy filings came true this year, and bankruptcy lawyers are expecting a steady continuation into 2024, with the use of alternative approaches continuing to increase.

Features

Litigation Finance Offers Significant Benefits for Restructuring Matters Image

Litigation Finance Offers Significant Benefits for Restructuring Matters

Jeffery Lula

In today's volatile economic climate, companies need to be more creative to find ways to mitigate risk. Litigation finance is one of those out-of-the-box solutions that can provide benefits.

Features

Ninth Circuit Focuses On Extrinsic Test In Ruling On Choreography Copyright Image

Ninth Circuit Focuses On Extrinsic Test In Ruling On Choreography Copyright

Stan Soocher

Reversing and remanding, the Ninth Circuit emphasized: "The district court's approach of reducing choreography to 'poses' is fundamentally at odds with the way we analyze copyright claims for other art forms, like musical compositions."

Features

Second Circuit Likely to Deliver Big Win for Commercial Shopping Center Lessor Image

Second Circuit Likely to Deliver Big Win for Commercial Shopping Center Lessor

Michael L. Cook

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.

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