Critical issues in single-asset real estate bankruptcies

Article Abstract:

The growing number of bankruptcy filings by real estate developers has lenders looking closely at bankruptcy law for a measure of relief. There are at least three issues that determine if a bankruptcy court will allow a borrower or lender to assume rights to rents and other income generated by a developer after a bankruptcy is filed. These issues include bad faith filings; control of project cash flow; and 'cramdowns,' a means of reducing the amount of the mortgage to equal the current value of the property.

Subdividers and developers, not elsewhere classified, Analysis, Interpretation and construction, Real estate developers, Bankruptcy law, Cash management, Bad faith (Law)

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Are conduit "non-recourse" loans really non-recourse

Article Abstract:

Issues concerning the services offered by commercial mortgage providers are presented. The advantages of conduit loans are discussed and advice is given on the avoidance of loans which are not really "non-recourse."

Economic aspects, Commercial loans, Nonrecourse debt

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Residual value insurance: a time bomb for credit tenant loans?

Article Abstract:

Issues are presented concerning the administration of Bond Lease-based credit tenant loans which are viewed favorably by insurance companies. The structuring of residual value insurance is discussed.

Methods, Management, Insurance, Risk management, Tenants' insurance

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