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1 US Outlook: Potential CMBS Litigation Arising From the 2020 ...
That complaint alleges that CMBS borrowers, originators and/or issuers falsely inflated borrowers' profits and understated their debts to ...
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2 In Brief: CMBS Certificate Holders Lack Standing in Chapter 11
In a ruling that has been described as "very important" and the "first decision of its kind," bankruptcy judge Shelley C.
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3 Lenders Must Prepare For Real Estate Bankruptcy Cramdowns
The unprecedented disruption in the real estate markets caused by COVID-19 has lenders thinking again about possible bankruptcy filings by ...
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4 A Guide to Commercial Mortgage-Backed Securities:
SPE borrowers under CMBS loans all filed for bankruptcy protection. The borrower brought the healthy SPEs into the case to use their cash flow to.
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5 CMBS Ups and Downs - CCIM Institute
Mortgages underwritten too aggressively are far more prone to default, causing problems for issuers and panic among bondholders. Only a handful of CMBS deals ...
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6 Bankrupt Retailers' CMBS Impact Exposed - GRS Group
Bankrupt Retailers' CMBS Impact Exposed ... It's no secret that the retail industry is having issues right now that impact commercial real estate.
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7 Practical guidance at Lexis Practice Advisor® - Fried Frank
Therefore, CMBS loan documents typically require that each applicable rating agency issue a rating agency confirmation (i.e., confirmation that the proposed ...
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8 CLIENT ALERT: CMBS Restructurings: Issues with Special ...
Under the typical CMBS structure, once a loan is transferred into a CMBS pool, a “Master Servicer” is charged with administering the loan. While the Master ...
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9 “Bankruptcy Remote” Special Purpose Entities in Commercial ...
[2] Although not quite as ubiquitous as in CMBS lending, and often with ... of the Bankruptcy Code, which permits bankruptcy courts to “issue any order, ...
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10 Understanding CMBS Loans and Restructuring Strategies | ABI
While bankruptcy filings are rare because filing typically violates a loan covenant known as a “Bad Boy provision," for some borrowers this path ...
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11 CMBS Special Servicer Team Leads Training on Strategies to ...
We have seen multiple bankruptcy filings by individual TIC owners over the past 12 months. The program identified numerous issues that are unique in a TIC ...
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12 Bankruptcy Remote Financings In Jeopardy After Michigan ...
The proliferation of limited recourse financings popularized in the commercial mortgage backed securities (CMBS) loan market through the ...
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13 Commercial Real Estate Portfolio and CMBS Loan Workouts
CMBS Loan Workouts: Forbearance,. Foreclosure and Bankruptcy ... Review Loan Modifications, Post Default Issues, Post Maturity. Problems.
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14 Innkeepers Bankruptcy Court Denies Standing to CMBS Certificate ...
A legal update on In re Innkeepers USA Trust in which the US Bankruptcy Court ... a "party in interest" to be heard on any issue in a bankruptcy proceeding.
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15 CMBS 2.0: Still in Need of Work - Manatt, Phelps & Phillips, LLP
This article first appeared in the January/February 2012 issue of Urban ... and expensive legal opinions on bankruptcy and REMIC issues.
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16 CMBS Week in Review: New Conduit Issue Spreads Widen
However, the retailer does operate in a number of high-end US malls. While the overall impact of Claire's potential bankruptcy to CMBS is ...
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17 CMBS Certificateholders Shut out - Willkie Farr & Gallagher LLP
Code) to participate in a borrower's bankruptcy proceeding, prior to the decision ... the first to address specifically the issue of a CMBS.
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18 Cash Management, Cash Collateral and Debtor ... - Cadwalader
Our May 11th memo entitled “General Growth Properties Bankruptcy Court Defers Final Ruling on Cash Collateral, Cash Management and DIP Financing Issues” ...
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19 Commercial Mortgage Backed Securities - Dykema
Big trees fall hard, and in the financial world, CMBS loans can be giants. ... approach to each loan, working diligently to resolve issues quickly.
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20 Expanding the 'Safe Harbor' of Bankruptcy Code Section 546(e)
The United States Bankruptcy Court for the Northern District of ... to require the securities contract or the CMBS transaction at issue to ...
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21 Centro CMBS issues stable, for now-analysts | Reuters
Commercial mortgage-backed securities backed by Centro Property Group's mortgage debt are likely insulated from a potential bankruptcy of the Australian ...
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22 Asset Distress & Revitalization - Bilzin Sumberg
Restructuring and bankruptcy, including buying assets out of bankruptcy ... CMBS debt restructurings are highly complex, with a litany of problems for ...
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23 Distressed Situations - Klehr Harrison Harvey Branzburg LLP
... including restructurings with special servicers of securitized CMBS debt, ... intercreditor issues and with respect to potential bankruptcy issues and ...
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24 CMBS Investors Likely to Get Dinged by Non-Recourse Loans
During the Great Recession, the problems that resulted in distress were somewhat self-inflicted by lenders and overly aggressive underwriting ...
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25 Commercial Mortgage Backed Securities ("CMBS") Attorneys
... client with respect to a subprime trader with liquidity problems. In re First Magnus. Represented a client as agent of bank syndicate in bankruptcy of ...
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26 Freddie Mac Launches CMBS Loan Product - Moss & Barnett
encounter financial difficulties as a result of problems with ... borrower files for protection under the United States Bankruptcy.
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27 Bankruptcy Law - Kirkland & Ellis LLP
their terms.4 Furthermore, CMBS loans represent approximately. 20 percent of commercial property debt.5 As a result, the issue.
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28 CMBS 2.0 – Things to Consider From A Borrower's Perspective
response to issues discovered in CMBS 1.0 (i.e., CMBS loans closed in 2008 ... Properties bankruptcy filings, lenders have imposed greater restrictions on a ...
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29 Bankruptcy and Restructuring - Maynard Cooper
Bankruptcy and insolvency issues -- whether they arise in connection with the ... both with respect to traditional commercial mortgages and CMBS loans.
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30 Special Servicers Law Firm - Barnes & Thornburg
We have litigated “put-backs,” guaranty issues, and complex collateral waste issues in the CMBS context. Bankruptcy. We have represented special servicers ...
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31 CMBS Turndowns & Alternatives - Arrivato LLC
Now we are seeing circumstances where the assets are not stable enough, the borrowers have weaknesses, especially a bankruptcy or legal issue.
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32 Bankruptcy Remote Entities in Commercial Real Estate ...
present issues not generally seen with the use of a limited partnership, ... loans for a commercial mortgage-backed securities (CMBS) issuance,.
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33 Enforcement, Workouts & Foreclosures | Real Estate & REITs
We work closely with the firm's bankruptcy and litigation lawyers on your most complex issues. Our real estate finance professionals organize a team of ...
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34 Bankruptcy & Troubled Loans - Otten Johnson
Our Bankruptcy & Troubled Loans group provides results-oriented counsel to lenders and borrowers with issues related to creditors' rights, ...
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35 Not So Bankruptcy-Remote SPEs and In re General Growth ...
liquidity problems for General Growth. Nonetheless, most of the debtors' CMBS loans (even those owed by SPEs that filed for bankruptcy) were not in default, ...
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36 Lender and Debtor Representation - Pedersen & Houpt
... in the full spectrum of issues involving financially distressed entities, ... Capital market debt restructurings; Bankruptcies; CMBS securitization ...
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37 pratt's journal of bankruptcy law - Dentons
THE ENFORCEMENT OF NON-RECOURSE CARVEOUTS IN CMBS ... Published by A.S. Pratt in the May/June 2012 issue of Pratt's Journal of Bankruptcy Law.
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38 Is the Right to File Bankruptcy for Real Estate Borrowers Truly ...
backed security (CMBS) loans, which brought Wall Street's access to capital markets to Main Street real estate financing. CMBS loans forced several ...
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39 Special servicers | Bankruptcy, Workout & Creditors' Rights
From loan documentation, workouts and litigation to foreclosure and bankruptcy, special servicers seek sophisticated legal counsel to assist with defaulted CMBS ...
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40 Real Estate: Special Servicer Advisory Services Service Sheet
Bankruptcy and Restructuring A team at FTI Consulting was retained by the special servicer in connection with $1 billion of CMBS debt ...
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41 Mark A. Silverman | Professionals - Locke Lord
When borrowers and guarantors fail to meet their obligations, financial institutions, commercial mortgage-backed securities (CMBS) special ...
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42 J.P. Morgan Plans To Issue CMBS Backed By Defaulted Loans
Exclusive bankruptcy data, filings and news. Be the first to know. ... Sign in or become a member today to get premium bankruptcy and distress information. SIGN ...
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43 Lessons From General Growth Properties
for commercial mortgage backed securities (CMBS). In an Aug. 11, 2009, decision, the bankruptcy court denied several motions to dismiss.
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44 CMBS Special Servicers - Baker Donelson
Baker Donelson's CMBS Servicer Team includes professionals with bankruptcy, ... Mortgage-Backed Securities (CMBS) industry involves distinct legal issues ...
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45 Chapter 2 in the History of CMBS: Coming to Terms with the ...
commercial mortgage backed securitization (“CMBS”) has played a ... risks posed by an issuer bankruptcy did not become an issue for CMBS.
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46 June 1, 2009 To Our Clients and Friends: The recent Chapter 11 ...
bankruptcy filing is reduced because the CMBS lenders should be the only material ... bankruptcy courts focus on two issues: the relationships of the two ...
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47 Lessons From General Growth Properties - Fordham Law
T. Randall Wright, Bankruptcy Issues in Partnership and Limited Liability ... securities (“CMBS”) market.131 The typical mortgage loan had a three to.
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48 General Growth Update II: Bankruptcy Court Issues Significant ...
Like so many other companies that relied heavily on secured lending, including debt issued in the commercial mortgage-backed securities (CMBS) market, GGP ...
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49 General Growth Properties, Inc. Decision Notes Weaknesses ...
4. Beware of a borrower's attempts to negotiate with lenders before the bankruptcy. If lenders or CMBS servicers give a borrower the “run-around,” this may ...
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50 CMBS Alert Overly Ambitious: Forever 21's Bankruptcy Filing ...
face refinancing issues, as the space left vacant by Forever 21 ... 21's Bankruptcy Filing Could Affect $1.26 Billion in CMBS | Oct. 1, ...
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51 Practice Group Description - Morrison Foerster
Extended Stay Inc. and numerous of its affiliates filed for bankruptcy ... common feature of CMBS deals, and the issue is still being litigated in Extended.
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52 General Growth Properties bankruptcy court defers final ruling on ...
To help prevent bad faith bankruptcy filings, CMBS loans typically require ... to reach agreement on the cash collateral, cash management, and DIP issues.
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53 In an asset securitization or structured finance transaction, the ...
Typically, assets are transferred to a bankruptcy-remote special purpose ... Commercial mortgage-backed securities (CMBS) in the U.S. have increased to over ...
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54 Toys 'R' Us' Potential Bankruptcy Threatens $3.6B in CMBS
If Toys “R” Us chooses to file for bankruptcy protection, the retailer could place $3.6 billion in CMBS loans at risk.
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55 CMBS and Real Estate Workouts - Perkins Coie
› practices › real-estate-w...
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56 GGP Opinion Leaves Unanswered Questions
The use of an SPE creates a “bankruptcy remote” structure that lenders often require for certain loans, including those originated for the CMBS ...
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57 Bankruptcy Court Maintains the Status Quo, Allaying Fears of ...
Bankruptcy Court Maintains the Status Quo, Allaying Fears of CMBS Industry · No property specific cash escrows for insurance, taxes or property ...
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58 CMBS Litigation: What Is Coming Next? - Vega Economics
CMBS delinquencies have been exacerbated by the federal government's decision to generally exclude the commercial mortgage markets from COVID- ...
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59 Bankruptcy Court for the Southern District of New York
conclusions of law pursuant to Bankruptcy Rule 7052, made applicable to this ... securities (“CMBS”) in trust and issues securities.
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60 Commercial Mortgage-Backed Securitization Investors Given ...
How far do the Bankruptcy Code's “safe harbor” provisions extend in the commercial mortgage-backed securitization (CMBS) market?
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61 The ABCs of Asset-Backed Securities (ABS)
However, in a securitization, the SPV that issues the debt is separate and distinct from the sponsor. Bankruptcy protection for the sponsor ...
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62 Untitled
Innkeepers case underlines CMBS creditors' protections ... "Newer loans address issues raised by the GGP bankruptcy by including additional provisions, ...
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63 New York Bankruptcy Court Topples Contractual Barriers to ...
Issues and Information for Today's Busy Insolvency Professional ... estate bankruptcy case in history in ... that the decision will destroy the CMBS.
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64 The Nuts and Bolts of Negotiating Nonrecourse Carve outs ...
bankruptcy‑remote, single‑purpose entity (“SPE”) as the borrower. In connection with the SPE issues,. CMBS lenders also require that the borrower agree.
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65 The secret to fixing CMBS (hint: channel Peter Drucker)
Commercial mortgage-backed securities (CMBS) emerged as a viable ... much stronger disincentive to voluntary bankruptcy is the non-recourse ...
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66 Recent Cases Concerning “Springing” or “Bad-Boy ...
Bankruptcy courts generally do not enforce agreements by borrowers to ... The prevalence of collateralized mortgage-backed securities (“CMBS”) loans in.
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67 Financial Restructuring & Insolvency - Parker Poe
We represent banks, CMBS and other commercial mortgage servicers, distressed debt ... bankruptcy proceedings, and litigation to enforce creditors' rights.
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68 CMBS Lending & Servicing Transactions - Frost Brown Todd
FBT's commercial mortgage-backed securities (“CMBS lending and serving”) wing ... Our keen understanding of the legal issues endemic to complex financing ...
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69 The Bankruptcy of General Growth Properties
main issues and foreseeable slowdown would be confined to the residential real estate market and that commercial real estate and CMBS would ...
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70 Innkeepers Bankruptcy Court Rules on CMBS ... - Casetext
In a recent decision, the United States Bankruptcy Court for the Southern District of New York ruled that a certificateholder of two CMBS ...
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71 The Fed - Micro Data Reference Manual
loans through a bankruptcy-remote special-purpose vehicle (SPV) that issues asset-backed ... CMBS: Report commercial mortgage-backed securities (CMBS).
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72 Tenancies-in-Common: An Old Dog Performing New Tricks
22 CMBS WORLD™ ... that will rate the CMBS pool in which the loan will be ... bankruptcy issues will be addressed, arguably somewhat.
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73 Real Estate Capital Markets | Practices - Holland & Knight
... estate capital markets, enabling us to deliver cutting-edge solutions to issues that develop during clients' transactions, lawsuits and bankruptcies.
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74 General Growth Bankruptcy Ruling Has Potential Far ...
loans given by both CMBS lenders and traditional institutional lenders. ... One of the significant issues in the case has challenged.
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75 On Our Watch: CMBS in the Time of COVID-19
If suspensions of tenant obligations continue in bankruptcy, it will force more out-of-court workouts. If parties see an opportunity to recover ...
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76 Distressed Assets and Real Estate
tax and land use lawyers mobilize quickly to address the complex issues surrounding ... Despite a subsequent bankruptcy by the borrower, JMBM was able to.
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77 Real estate and bankruptcy attorney Steven Smith joins Dorsey
Real estate and bankruptcy attorney Steven Smith joins Dorsey ... other servicing issues for commercial mortgage-backed securities (CMBS) master servicers.
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78 U.S. CMBS Legal and Structured Finance Criteria
Estate Finance—Legal and Structured Finance Issues in Commercial Mortgage ... Special-Purpose Bankruptcy-Remote Entity Representations and ...
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79 Some General Growth debt to be repackaged into CMBS
Approximately $11 billion in mortgages that General Growth restructured during its 19-month bankruptcy were securitized. The rest are from large ...
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80 Understanding the commercial mortgage-backed securities ...
Loan Mortgage Corporation (FHLMC), each issue forms of CMBS. ... creditors of the originator, especially in the event of bankruptcy of the originator.
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81 Commercial Mortgage Foreclosures and Receiverships
Additionally, our bankruptcy lawyers assist lenders throughout the U.S. in the ... We also advise clients on a range of issues related to foreclosures, ...
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82 EX-99.1 -
In addition, by facilitating the refinancing of the CMBS Financing (as defined ... Under federal bankruptcy law, secured creditors are prohibited from ...
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83 CMBS Market Dodges a Bullet - GlobeSt
CMBS dodged a bullet in Extended Stay because the bankruptcy judge in the end was not faced with the decision of whether to blow up a PSA in ...
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As such, now that money is once again flowing from CMBS lenders, in order to address this problem, the so-called “Bad Boy Carve-Outs”, have been further ...
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85 Commercial Real Estate and CMBS Litigation
Accounting · Antitrust and Competition · Bankruptcy and Financial Distress ... of issues involving CMBS trustees, issuers, servicers, and ratings agencies.
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same time it became the “largest borrower in the CMBS market.”64 Despite initial success, problems for GGP began with the financial crisis of 2008.65.
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87 NMHC Amicus-CMBS.pdf
This section addresses issues pertaining to the CMBS market. ... into bankruptcies involving other assets of the borrower or its affiliates.
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88 Bankruptcy and Creditors' Rights | Services - Venable LLP
Our bankruptcy and creditors' rights team, together with assistance from our ... and practical issues that arise during a restructuring or reorganization.
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89 General Growth Properties Case Changed the Rules of ...
This credit support however was a negative when the judge was considering the issue of "bankruptcy remoteness". The ruling allowed the bankrupt ...
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90 Hudson's Bay Company Restructures $846M CMBS Loan
A year ago, Wilmington Trust filed a lawsuit against the joint venture for allegedly failing to make mortgage payments, naming 34 of the CMBS- ...
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91 Top 10 Takeaways: Predictions and Trends for Distressed ...
The Bankruptcy Courts have been somewhat helpful to borrower/debtors and the Consolidated Appropriations Act has made it a bit easier for ...
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92 Firm snags multibillion-dollar special servicing assignments
CMBS, or commercial mortgage-backed securities, are fixed-income ... or has filed bankruptcy because of other issues – our job is to come up ...
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93 Bankruptcy, Restructuring and Creditor's Rights - Reiferson Dee
Our BRC Group is frequently sought out by national institutional lenders and their counsel to present, lecture and consult on transactional bankruptcy issues, ...
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94 Shutts' Creditors' Rights Group Represents Lender in $846M ...
Wilmington Trust, as part of a CMBS trust, filed the suit on October 5 ... LLP and Chair of the Creditors' Rights/Bankruptcy Practice Group.
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95 Dequity - Zell/Lurie Real Estate Center
on contractual obligations of debt. In fact, one study showed that bankruptcy risk was a determining factor in whether a company issues debt or equity.
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96 Default Issues in Commercial Mortgage Backed Securities
CMBS structural issues in lieu of default resolution and price discovery, and hopes to ... bankruptcy impacting multiple loans within the same pool, ...
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97 CMBS and the Real Estate Lawyer 2015 - Cleary Gottlieb
CMBS and the Real Estate Lawyer 2015: Lender and Borrower Issues in the Capital Markets. ... Special Purpose Entities after GGP Bankruptcy ...
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