real estate

Video Of Testimony Before ABI Commission To Study Reform Of Chapter 11

Bob Eisenbach — Fri, 07 Jun 2013 13:59:34 +0000

As mentioned in a recent blog post, the American Bankruptcy Institute has established a Commission to Study the Reform of Chapter 11. A video of testimony before the Commission’s June 4, 2013 field hearing in New York is available below. More information on the Commission and its work, together with access to the video and written testimony of all panelists at the Commission’s hearings…

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ABI Commission To Study The Reform Of Chapter 11

Bob Eisenbach — Tue, 04 Jun 2013 11:42:32 +0000

The American Bankruptcy Institute has established a Commission to Study the Reform of Chapter 11. More information on the Commission and its work, together with access to the testimony of all panelists at the Commission’s hearings, is available at the Commission’s website. A copy of my testimony is also available by following the link in this sentence.

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Who’s SARE Now? Bankruptcy’s Single Asset Real Estate Rules And Their Impact On Commercial Real Estate

Bob Eisenbach — Wed, 17 Feb 2010 16:40:52 +0000

Given the state of commercial real estate, the prospect for defaults by commercial borrowers has greatly increased. The last time there was a significant downturn in the commercial real estate sector in the early 1990s, owners of buildings and other real estate often turned to Chapter 11 bankruptcy as a method of buying time and, in some cases, lowering or at least restructuring the amount of…

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Fall 2009 Edition Of Absolute Priority Now Available

Bob Eisenbach — Mon, 21 Sep 2009 01:30:54 +0000

The Fall 2009 edition of the Absolute Priority newsletter, published by the Cooley Godward Kronish LLP Bankruptcy & Restructuring group, of which I am a member, has just been released. The newsletter gives updates on current developments and trends in the bankruptcy and workout area. Follow the links in this sentence to access a copy of the newsletter or to register to receive future editions.

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Bankruptcy Rule Amendments: New Article Reviews The Important Changes

Bob Eisenbach — Mon, 03 Mar 2008 11:50:04 +0000

An article my partner Adam Rogoff, associate Seth Van Aalten, and I wrote was recently published in the January 2008 issue of Pratt’s Journal of Bankruptcy Law. The article discusses the significant amendments to the Federal Rules of Bankruptcy Procedure that took effect on December 1, 2007. Those amendments covered a range of procedures from omnibus claims objections to motions to assume…

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Real Estate Workouts: Are Pre-Bankruptcy Waivers Of The Automatic Stay Enforceable?

Bob Eisenbach — Thu, 21 Feb 2008 04:56:18 +0000

This post examines a new decision from the Bankruptcy Court for the Southern District of Florida involving the enforceability of a pre-bankruptcy waiver of the automatic stay. Let’s first set the stage by taking a look at a not so uncommon fact pattern involving a real estate project in financial trouble. The Real Estate Workout: Forbearance With A Price. The owner of a troubled real estate…

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Don’t Miss The Important Business Bankruptcy Rule Amendments That Just Took Effect

Bob Eisenbach — Mon, 03 Dec 2007 04:49:20 +0000

On December 1st of almost every year, amendments to the Federal Rules of Bankruptcy Procedure — the ones that govern how bankruptcy cases are managed — take effect to address issues identified by an Advisory Committee made up of federal judges, bankruptcy attorneys, and others. Often the changes are relatively minor and of interest only to bankruptcy practitioners, but this year’s set has made…

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A Fly In The Ointment: Sale Of Property May Cut Off Landlord’s Section 502(b)(6) Lease Rejection Claim For Future Rent

Bob Eisenbach — Wed, 24 Oct 2007 03:11:18 +0000

Here’s a scenario frequently seen in Chapter 11 cases. A tenant files bankruptcy and rejects a commercial real estate lease. The landlord files an unsecured lease rejection claim seeking to recover the lost future rent under the rejected lease. The claim amount is capped by Bankruptcy Code Section 502(b)(6) but may still be one of the larger unsecured claims in the case. Now let’s add a small…

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The Terrible Twos? A Look At BAPCPA’s Impact On Business Bankruptcy Cases At Its Second Anniversary

Bob Eisenbach — Tue, 16 Oct 2007 04:20:05 +0000

Tomorrow, October 17, 2007, marks the second anniversary of the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, known as BAPCPA. BAPCPA was enacted primarily to make sweeping changes to the consumer provisions of the Bankruptcy Code. However, BAPCPA also made significant revisions in the business bankruptcy arena. When it was passed, bankruptcy lawyers…

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The Bull Rips A Hole In The Matador’s Cape: New Ninth Circuit Decision Limits Reach Of Section 502(b)(6)’s Landlord Cap

Bob Eisenbach — Wed, 03 Oct 2007 04:37:10 +0000

A commercial real estate lease often represents the largest single liability of many debtors. For retailers, which typically have scores or even hundreds of store leases, the liability involved is orders of magnitude larger. It’s fair to say that the management of lease obligations can be of enormous consequence to debtors, landlords, and other creditors in Chapter 11 bankruptcy cases.

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