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    The reform of the Bankruptcy Act in the real-estate sector
    2011-11-30

    The current economic recession has been particularly acute in one of the pillars of the national economy, the construction and real-estate sector. This sector, which had already been undergoing a slowdown in recent years following the so-called “real-estate boom”, now stands in a profound and particular crisis with sales coming to a standstill, caused not only by the overall market situation, but mainly due to the restrictions placed by banks on loans, which are putting an economic brake on entrepreneurs.  

    Filed under:
    Spain, Insolvency & Restructuring, Real Estate, Squire Patton Boggs, Bankruptcy, Debtor
    Authors:
    Ramón Castilla
    Location:
    Spain
    Firm:
    Squire Patton Boggs
    Making Sense of Company Voluntary Arrangements (CVAs) Post New Look and Regis: A UK Landlord’s Perspective Voting and Disclosure
    2021-07-09

    Following our previous alert that considered rent reductions and modifications to lease terms post New Look and Regis, this alert considers what those CVA challenge cases tell landlords about calculating a landlord's claim for voting purposes and the disclosure requirements.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, Squire Patton Boggs
    Authors:
    John Alderton , Devinder Singh , Russell Hill , Mark Prior
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Seventh Circuit Keeps The Door Open After Asset Sale And Limits The Scope of Section 363(m)
    2019-03-21

    Section 363 of the Bankruptcy Code provides a debtor with the power to sell its assets during the bankruptcy case free and clear of all interests. This permits the debtor to maximize the value of its assets and hence the recovery for creditors. But that is not always the end of the story. In Trinity 83 Development, LLC v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Title 11 of the US Code, Seventh Circuit
    Authors:
    Kyle F. Arendsen
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Will the new UK legislation to manage COVID rent arrears help landlords and tenants and avoid an insolvency cliff edge?
    2021-06-18

    There is a faint light at the end of the COVID tunnel for commercial landlords regarding timings and the ability to recover unpaid rent arrears. The UK Government has announced an extension to the current prohibition on forfeiture and winding up petitions, to enable it to introduce new legislation to help manage the £6bn estimated rent arrears.

    The announcement provides a clearer pathway for both landlords and tenants, many of whom have paid no, or little rent since March 2020 as a consequence of the various Government imposed lockdowns.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, Squire Patton Boggs, Coronavirus, HM Revenue and Customs (UK)
    Authors:
    Rachael Markham
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Landlord’s Rights: Enforcement options in insolvency
    2019-03-07

    When dealing with a debtor or a tenant that has fallen behind with its payment obligations, one of the most cost effective ways of a creditor/landlord reducing its exposure against that entity will be to take advantage of a “self-help” remedy, such as taking possession of the entity’s assets and selling them in repayment of the sums owed.

    However, when the entity is the subject of insolvency proceedings, the availability of the various self-help remedies varies depending on:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, Squire Patton Boggs, Debtor, Landlord
    Authors:
    Jon Chesman
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Nero CVA challenge - Part One: the pre-emptive strike (out)
    2021-06-15

    CVA challenges have been in the spotlight recently and the story continues with Nero Holdings Ltd v Young in which the court considered an application to strike out a CVA challenge claim. Although there is nothing ground-breaking in the court’s reasoning to dismiss the strike out/summary judgment application, its detailed reasoning will offer some helpful guidance and assistance to those involved in these applications.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs
    Authors:
    Mark Prior
    Location:
    European Union, United Kingdom
    Firm:
    Squire Patton Boggs
    The Real Estate Problem of Retail
    2019-02-25

    The retail sky is falling. At least that is how it appears from recent and unprecedented number of retailers filing for bankruptcy. From iconic stores such as Sears and Toys ‘R’ Us, to department stores such as Bon Ton, to mall stores including Brookstone, The Rockport Company, Nine West, among others. The reasons given for such filings vary as much as their products but one theme seems to be constant — the inability of retailers to maintain “brick and mortar” operating expenses in the era of online shopping.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Liquidation, Right to property, United States bankruptcy court
    Authors:
    Christopher J. Giaimo
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Regis - Another Loss For UK Landlords In Their Battle Against CVAs
    2021-05-20

    Following in the footsteps of the New Look CVA challenge judgment (see our blog here) it was not unsurprising that Zacaroli J dismissed all but one of the landlord challenge claims when handing down his judgment in Regis.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Spotlight on CVAs - the British Property Federation gives Squire Patton Boggs its views on the recent spate of “landlord” CVAs
    2018-06-11

    Cathryn Williams and Paul Muscutt, partners in the Squire Patton Boggs Restructuring & Insolvency team in London, interview Ian Fletcher, Director of Policy (Real Estate) of the BPF (the trade association for UK residential and commercial real estate companies) to get the BPF’s views on the recent spate of CVAs seeking to reduce/compromise lease liabilities.

    Do you think the current use of CVAs is fair on landlords?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, Squire Patton Boggs, Commercial property
    Authors:
    Cathryn Williams , Paul Muscutt
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Virgin Active Restructuring Plan approved in a disappointing week for landlords
    2021-05-17

    The pandemic and various lockdowns have been tough on the landlord community. The last few days have not made that any easier. First, the New Look decision dismissed the challenge mounted by a number of landlords (see our blog here ). Then on 12 May 2021 the landlord community was dealt another blow by the outcome of the restructuring plan (“RP”) in Virgin Active.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs
    Authors:
    Mark Prior
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs

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