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Get a Fresh Perspective: Special-Purpose Entities and Single-Asset Real Estate Insolvencies


Level: Advanced
Runtime: 70 minutes
Recorded Date: January 24, 2020
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Agenda

  • Overview
  • Single Asset Real Estate Bankruptcies
  • Bankruptcy Remote Real Estate Structure
  • Conclusion/Summary
Runtime: 1 hour, 10 minutes
Recorded: January 24, 2020

Description

This session will review issues currently facing single-asset real estate investing and CMBS markets.

This program was recorded as part of American Bankruptcy Institute's Rocky Mountain Bankruptcy Conference held on January 24th, 2020.

Provided By

American Bankruptcy Institute
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Panelists

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Timothy M. Swanson

Attorney
Moye White, LLP

Tim’s practice focuses primarily on commercial bankruptcy, creditors’ rights, and commercial litigation. Tim brings creative problem solving to difficult insolvency scenarios with an emphasis on obtaining practical and cost driven results. Tim has been named a Rising Star in the areas of creditor/debtor law by the Super Lawyers publication Illinois, Colorado, and Kansas/Missouri.

Tim has extensive experience with Chapter 7 and 11 matters, drafting and arguing a multitude of motions, objections, appellate briefs, and other pleadings along with handling contested bankruptcy court proceedings and appellate proceedings. Tim pursues and negotiates a variety of collection, litigation and/or settlement strategies with each insolvency matter he handles. Tim has represented numerous participants in bankruptcy proceedings including secured creditors, trade creditors, landlords, tenants, debtors, creditors’ committees, trustees, asset purchasers, equity holders, and various other interested parties.

Tim regularly assists lending clients in a variety of matters involving workouts, creditors’ rights (foreclosure, guaranty, replevin, etc.) and loan documentation. Tim serves as regional workout counsel to the trustee of a large loan portfolio. Additionally, Tim serves as national bankruptcy counsel to numerous commercial landlords and property owners. A significant portion of Tim’s practice focuses on advising strategic asset purchasers of distressed assets. Tim has appeared on behalf of clients in distressed situations in Missouri, Illinois, Kansas, New York, Delaware, California, Wyoming, Colorado, and Wisconsin.

Outside the office, Tim can be found enjoying the outdoors in Colorado. Tim is an avid golfer and fan of all things athletic. Tim regularly competes in triathlons (sprint, Olympic, half and full Ironman distance) and marathons. Additionally, Tim is easily found rooting on the Kansas Jayhawks and the Denver Broncos.

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James T. Bentley

Partner
Winston & Strawn, LLP

James Bentley represents hedge funds, private equity funds, alternative asset managers, trustees, secured and unsecured creditors, and other stakeholders in every aspect of the restructuring process. His experience with restructurings spans many industries including retail, automotive, energy, healthcare, restaurants, radio and television, real estate, and securities. James negotiates and litigates a range of complex issues including contested bankruptcy sales, plan confirmation, debtor in possession financing, cash collateral, fraudulent transfers, equitable subordination and recharacterization, and also advises clients about distressed investment strategies. He also works on a number of Article 9 foreclosures on unique collateral.

Additionally, James counsels international and domestic clients on insolvency-related issues associated with securitizations as well as public and private structured financings, including collateralized loan obligations. He also works with litigation funders on investments in distressed plaintiff-side litigation.

Prior to joining the firm, James clerked for the Honorable Carla E. Craig, Chief Judge of the U.S. Bankruptcy Court, Eastern District of New York, was an associate in the finance department of Otterbourg P.C., and was an Assistant Vice President in the Global Corporate Banking Group at Citigroup.

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Megan M. Adeyemo

Partner
Gordon Rees Scully Mansukhani, LLP

Megan Adeyemo is a partner in the Business Transactions, Bankruptcy, Restructuring, & Creditors’ Rights, Real Estate, D&O and Shareholder Litigation and Banking & Finance practice groups. Ms. Adeyemo is co-chair of the firm’s national Bankruptcy, Restructuring & Creditors' Rights practice group. She has substantial experience in the representation of debtors, creditors and trustees in bankruptcy proceedings throughout the United States. She has represented creditors’ committees, debtors-in-possession, chapter 11 and 7 trustees, liquidating trustees, and secured and unsecured creditors. She has negotiated settlements and debtor-in-possession financing, and drafted asset purchase agreements and other asset transfer documents, including the transfer of intellectual property rights.

Ms. Adeyemo’s bankruptcy experience encompasses, among other areas, destination resort clubs, finance (factoring company), farming (organic farms, agricultural financing and PACA), manufacturing (medical devices), real estate (residential home and condominium complex developments) and commercial property (landlords in tenant and guarantor bankruptcies and banks and other secured mortgagors). Ms. Adeyemo also represents the interests of creditors in proceedings in Colorado state courts. Ms. Adeyemo's experience includes the representation of commercial property owners and landlords in lease and other tenant related litigation and secured lenders in foreclosures and proceedings to appoint receivers.

Ms. Adeyemo is currently the co-chair of the Mountain-Desert Network of the International Women's Insolvency & Restructuring Confederation (IWIRC). She is also the former co-chair of the Bankruptcy Sub-Section of the Colorado Bar Association.

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Adam L. Hirsch

Partner
Davis Graham & Stubbs, LLP

Adam L. Hirsch is a partner in the Finance & Acquisitions Department of Davis Graham & Stubbs LLP, where he focuses his practice on representing clients across the U.S. in all aspects of bankruptcy, business restructuring, and related transactions. He advises secured and unsecured lenders, DIP lenders, Chapter 11 plan sponsors, acquirers of assets in Section 363 asset sales, landlords and tenants, equipment lessors and lessees, IP licensors and licensees, and providers of various goods and services. He also represents clients in transactional matters involving financially distressed parties and debtors reorganizing under Chapter 11 of the U.S. Bankruptcy Code.

Mr. Hirsch, who joined DGS in August 2020, brings to the firm extensive experience in representing companies in varied economic conditions and offers an in-depth understanding of commercial creditor and debtor rights under the U.S. Bankruptcy Code.

Mr. Hirsch received his J.D. in 2004 from Tulane University Law School and his B.A. in 2001 from Northwestern University. He is admitted to practice in Colorado and New York, as well as before the U.S. Court of Appeals for the Tenth Circuit and the U.S. District Courts for the District of Colorado, the Southern District of New York, and the Eastern District of New York. Prior to joining DGS, Mr. Hirsch was a partner in Kutak Rock LLP’s Denver office and, before that, worked for a large New York law firm, where he represented clients in a range of bankruptcy and finance-related matters during the 2008 financial crisis and subsequent economic recession.


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