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    How To Buy Distressed Commercial Property
    2023-09-01

    Interest rates remain high, and for many markets and asset classes, prices have yet to fall. However, there’s at least one way real estate investors can buy a property at the right price in this cycle: Distressed sales.

    “It’s a main mechanism for price correction,” said Matthew Scoville, a New York-based attorney and partner at Hunton Andrews Kurth who has represented both lenders and real estate developers. In many cases, distressed sales allow investors to acquire properties that would otherwise not be available. “Opportunities are the name of the game,” he said.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Real Estate, Goulston & Storrs PC, Due diligence, Uniform Commercial Code (USA)
    Authors:
    Brian M. Cohen
    Location:
    USA
    Firm:
    Goulston & Storrs PC
    CRE Guidance Helps Lenders Work With Struggling Borrowers
    2023-08-02

    Several relics of the 2008-2010 financial crisis have returned to the commercial real estate sector as distress in the market picks up and lenders and borrowers look for solutions to loans that are in or near default.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Real Estate, Goulston & Storrs PC, Barclays, Federal Deposit Insurance Corporation (USA)
    Authors:
    Jaclyn Grodin
    Location:
    USA
    Firm:
    Goulston & Storrs PC
    Through the Looking Glass of Bankruptcy Valuation Methodologies
    2022-10-19

    The Second Circuit released a new decision this week in Sears regarding bankruptcy valuation methodologies and the entitlement of second lien debt holders to adequate protection. Among other interesting aspects of the ruling, the Second Circuit affirmed the Bankruptcy Court’s adoption of a "net orderly liquidation value" for the debtors’ inventory as of the petition date (rather than looking to the actual values obtained by the debtors during the case).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Goulston & Storrs PC, Bankruptcy, Second Circuit
    Authors:
    Trevor Hoffmann
    Location:
    USA
    Firm:
    Goulston & Storrs PC
    Is the tidal wave approaching?
    2022-10-06

    For a decade or more, restructuring professionals have predicted the coming of a bankruptcy boom. This may be the year those predictions finally come true. Inflation, interest rates, supply chain issues, global conflict and domestic politics have created a challenging macro environment. At the same time, dry powder abounds, with new distressed debt funds cropping up daily. Will this result in a bankruptcy tidal wave, or an increase in workouts and distressed M&A? Perhaps all of the above.

    Filed under:
    USA, Insolvency & Restructuring, Goulston & Storrs PC, Bankruptcy, Supply chain
    Authors:
    Trevor Hoffmann
    Location:
    USA
    Firm:
    Goulston & Storrs PC
    Lender Liability in the COVID-19 Era - It May Not Always Be About Control
    2020-04-27

    Lender liability typically refers to the situation where a lender exercises such a high degree of control over the day-to-day activities of the borrower that it becomes exposed to claims that otherwise would be asserted against the borrower. A recent decision by a New York Supreme Court judge determined that lenders may be exposed to liability even in the absence of control. This result, if upheld, may gain newfound importance in the COVID-19 era where lenders may turn to courts to help them protect their assets.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Goulston & Storrs PC, Coronavirus
    Authors:
    Adam Safer , Isabel P. Sukholitsky
    Location:
    USA
    Firm:
    Goulston & Storrs PC
    Considering Lease Concessions In The Face Of A Tenant Bankruptcy
    2020-06-16

    Landlords are receiving a deluge of requests to provide rent relief to commercial tenants whose operations have either been closed or substantially restricted as a result of state and local governments’ COVID-19 stay-at-home orders and related restrictions. Some tenants are using the threat of a bankruptcy filing as leverage to obtain these concessions. Meanwhile, landlords are facing their own challenges with mortgage lenders and servicers as they try to service real estate loans with limited available cash.

    Filed under:
    USA, Insolvency & Restructuring, Real Estate, Goulston & Storrs PC, Coronavirus, Commercial tenant
    Authors:
    Douglas B. Rosner
    Location:
    USA
    Firm:
    Goulston & Storrs PC
    Key Elements to Successful Out-of-Court Restructurings
    2020-05-28

    Goulston & Storrs bankruptcy attorney Doug Rosner recently collaborated with Thomson Reuters to create a three-part video series regarding alternative solutions to the financial problems of distressed companies. This summary highlights the key elements to a successful out-of-court restructuring (part two of the series).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Goulston & Storrs PC, Landlord
    Authors:
    Douglas B. Rosner
    Location:
    USA
    Firm:
    Goulston & Storrs PC
    Out-of-Court Restructuring as an Alternative to Chapter 11 Bankruptcy
    2020-05-27

    Goulston & Storrs bankruptcy attorney Doug Rosner recently collaborated with Thomson Reuters to create a three-part video series regarding alternative solutions to the financial problems of distressed companies. This summary highlights the advantages and disadvantages of out-of-court restructuring as an alternative to Chapter 11 bankruptcy reorganization (part one of the series).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Goulston & Storrs PC, Board of directors
    Authors:
    Douglas B. Rosner
    Location:
    USA
    Firm:
    Goulston & Storrs PC
    Bankrupt Retailers Seek Extraordinary Relief in Time of COVID
    2020-10-08

    The COVID-19 pandemic has forced big-name brands to pursue unique strategies to secure fiscal relief.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Goulston & Storrs PC, Bankruptcy, Coronavirus
    Authors:
    John F. White III , Vanessa P. Moody
    Location:
    USA
    Firm:
    Goulston & Storrs PC
    Straightening Their Tenant’s Ties: Retail Property Owners Are Buying Distressed Retailers Out of Bankruptcy
    2020-09-10

    Since the early days of the COVID-19 crisis in the U.S., it has been a recurring theme to turn on the news and see that yet another big-name retailer is rumored to be on the brink of filing, or has already filed, for bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Real Estate, Goulston & Storrs PC, Coronavirus, Title 11 of the US Code
    Authors:
    Vanessa P. Moody
    Location:
    USA
    Firm:
    Goulston & Storrs PC

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