Navigating Single Asset Real Estate Status in Bankruptcy

By Adam Rogoff, David Blabey Jr. and Kelly Porcelli (July 13, 2022, 2:49 p.m. EDT) — Among the various political tensions built into the Bankruptcy Code is the balance between giving a debtor sufficient time to reorganize and the impact on creditors — particularly secured lenders — of the delays imposed in the exercise of remedies.

Although the Bankruptcy Code offers certain protections to a secured creditor against the potential impacts of delay – for example, adequate protection – real estate lenders have a specific remedy in the form of single asset real estate matters. , or SARE.

To obtain – or conversely, from the debtor’s perspective, to be burdened with – these protections, a preliminary question is whether the debtor meets the criteria to be treated…

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