Courts Issue Increasing Number of Distressed Real Estate Decisions as Filings Increase

Chair emeritus and finance and restructuring partner Andrew Kassner and counsel Joseph Argentina coauthored an article for The Legal Intelligencer titled “Courts Issue Increasing Number of Distressed Real Estate Decisions as Filings Increase.”

Kassner and Argentina discuss two recent decisions regarding distressed real estate bankruptcies, both of which involve the rights of real estate lenders against proceeds of collateral other than the real estate itself – In re Savva’s Restaurant and In re Rosario. The authors previously reported on another case involving a distressed real estate bankruptcy.

The authors assert that these two decisions are reminders that while the primary asset in distressed real estate bankruptcies is the debtor’s real estate, debtors and lenders must also focus on the use and disposition of other supporting collateral.

The full article is available for The Legal Intelligencer subscribers.