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1 US Outlook: Potential CMBS Litigation Arising From the 2020 ...
https://www.quinnemanuel.com/the-firm/publications/us-outlook-potential-cmbs-litigation-arising-from-the-2020-downturn/
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
https://www.jonesday.com/en/insights/2011/06/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
https://www.proskauer.com/pub/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:
https://www.freeborn.com/sites/default/files/white_papers/freeborn_peters_white_paper_a_guide_to_commercial_mortgage-backed_securities_0.pdf
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
https://www.ccim.com/cire-magazine/articles/cmbs-ups-and-downs/
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
https://grs-global.com/2018/01/bankrupt-retailers-cmbs-impact-exposed/
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
https://www.friedfrank.com/uploads/siteFiles/Publications/Representing%20the%20Borrower%20in%20a%20CMBS%20Loan.pdf
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 ...
https://www.olshanlaw.com/resources-alerts-CMBS-Loan-Restructurings.html
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 ...
https://www.americanbar.org/groups/real_property_trust_estate/publications/ereport/rpte-ereport-fall-2020/bankruptcy-remote/
[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
https://www.abi.org/events/understanding-cmbs-loans-and-restructuring-strategies
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 ...
https://www.jdsupra.com/post/contentViewerEmbed.aspx?fid=986520cc-f20e-48e9-aa37-4d8fbfc5d18c
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 ...
https://www.foxrothschild.com/publications/bankruptcy-remote-financings-in-jeopardy-after-michigan-appellate-court-decision
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
http://media.straffordpub.com/products/commercial-real-estate-portfolio-and-cmbs-loan-workouts-forbearance-foreclosure-and-bankruptcy-2015-05-28/presentation.pdf
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 ...
https://content.next.westlaw.com/practical-law/document/Ibb0a1105ef0511e28578f7ccc38dcbee/Innkeepers-Bankruptcy-Court-Denies-Standing-to-CMBS-Certificate-Holders?viewType=FullText&originationContext=document&transitionType=DocumentItem&ppcid=a6dc75805f334db4abbb30675442b568&contextData=(sc.DocLink)
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
https://www.manatt.com/insights/newsletters/real-estate-and-land-use/_real-estate-2-27-12
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
https://www.trepp.com/trepptalk/cmbs-week-in-review-3-19-2018
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
https://www.willkie.com/-/media/files/publications/2011/06/cmbs-certificateholders-shut-out/files/cmbscertificateholdersshutoutpdf/fileattachment/cmbs-certificateholders-shut-out.pdf
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
https://www.cadwalader.com/resources/clients-friends-memos/general-growth-properties-bankruptcy-court-enters-final-order-on-cash-collateral-cash-management-and-dip-financing-issues
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
https://www.dykema.com/services/industries/financial-services/cmbs.html
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)
https://www.kutakrock.com/newspublications/publications/2015/05/expanding-the-safe-harbor-of-bankruptcy-code-secti
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
https://www.reuters.com/article/centro-cmbs/centro-cmbs-issues-stable-for-now-analysts-idUSN2128002520071221
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
https://www.bilzin.com/we-think-big/topics/distressed-assets
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
https://klehr.com/services/real-estate/distressed-situations/
... 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
https://www.wealthmanagement.com/distressed/cmbs-investors-likely-get-dinged-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
https://www.sheppardmullin.com/cmbs
... 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
https://www.lawmoss.com/media/publication/715_GustinReturnofSecuritizedLending.pdf
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
https://www.kirkland.com/-/media/publications/article/2012/01/bankruptcy-court-rules-cmbs-certificateholder-does/bloomberglawreport_022112.pdf
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
https://cdn.ymaws.com/www.acrel.org/resource/collection/5C90A1C4-62C7-4DFA-874E-E5B36D39A6AC/Hauser-F11-CMBS_2_0_-_A_Borrowers_Perspective.pdf
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
https://www.maynardcooper.com/services/bankruptcy-and-restructuring
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
https://btlaw.com/work/practices/creditors-rights-restructuring-and-bankruptcy/special-servicers
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
http://www.arrivatollc.com/cmbs-turndowns-alternatives/
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 ...
https://www.rlf.com/wp-content/uploads/2020/05/11679_Bankruptcy-Remote-Entities-in-Commercial-Real-Estate-Transactions-8-606.pdf
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
https://www.alston.com/en/services/industries/real-estate--reits/enforcement-workouts--foreclosures
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
https://www.ottenjohnson.com/expertise/practice-areas/bankruptcy
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 ...
https://www.davispolk.com/sites/default/files/files/Publication/3ad13d6d-0e93-4a0c-93d2-80ecfd4fb3a7/Preview/PublicationAttachment/7ca2fc0b-c27c-47b1-8cf2-87e71c3f4793/resnick.krause.article.oct09.pdf
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
https://www.pedersenhoupt.com/services-Lender-Debtor-Representation.html
... 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
https://www.dentons.com/import/~/media/71BB52408DAC4ECA875529021BCA5BBE.ashx
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 ...
https://www.greenbaumlaw.com/media/publication/714_Probate_Property-BankruptcyForRealEstateBorrowers-DLB.pdf
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
https://www.porterwright.com/bankruptcy-workout-creditors-rights/services/special-servicers/
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
https://www.mondaq.com/unitedstates/insolvencybankruptcy/1231052/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
https://www.lockelord.com/professionals/s/silverman-mark-a
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
https://www.wsj.com/articles/DJFDBR0020111115e7bfmyqjy
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
https://www.choate.com/images/content/1/2/v2/1210/Gooding-Ventola-Law360-Lessons-From-General-Growth-Properties.pdf
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
https://www.bakerdonelson.com/cmbs-special-servicers
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 ...
https://scholarship.law.unc.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1392&context=ncbi
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 ...
https://www.debevoise.com/-/media/files/insights/publications/2009/06/bankruptcies-of-general-growth-properties-bankru__/files/view-client-update/fileattachment/bankruptciesofgeneralgrowthpropertiesbankruptcyr__.pdf
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
https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1299&context=jcfl
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 ...
https://www.paulhastings.com/insights/client-alerts/general-growth-update-ii-bankruptcy-court-issues-significant-ruling-allowing-spe-debtors-to-remain-in-bankruptcy
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 ...
https://www.omm.com/resources/alerts-and-publications/publications/general-growth-properties-inc-decision-notes-weaknesses-of-securitization-special-purpose-entities/?sc_lang=zh-CN
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 ...
https://ratingagency.morningstar.com/PublicDocDisplay.aspx?i=SGDTImf2haA%3D&m=i0Pyc%2Bx7qZZ4%2BsXnymazBA%3D%3D&s=LviRtUKXqs8kml5dHt7FTeE2SZmY0Fvqd4iX49Mk/9UapyiFTEO6TA%3D%3D
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
https://media2.mofo.com/documents/100816-rewa.pdf
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 ...
https://www.lexology.com/library/detail.aspx?g=885652f6-d0c2-413f-9e70-37610c7ab6e9
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 ...
http://www.lexisnexis.com/documents/pdf/20080128095218_large.doc
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
https://commercialobserver.com/2017/09/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
https://www.perkinscoie.com/en/practices/real-estate-law/real-estate-workouts-CMBS.html
› practices › real-estate-w...
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56 GGP Opinion Leaves Unanswered Questions
https://katten.com/GGP-Opinion-Leaves-Unanswered-Questions-08-28-2009
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 ...
https://www.ropesgray.com/en/newsroom/alerts/2009/06/bankruptcy-court-maintains-the-status-quo-allaying-fears-of-cmbs-industry
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
https://vegaeconomics.com/cmbs-litigation-what-is-coming-next
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
https://www.nysb.uscourts.gov/sites/default/files/opinions/200201_1077_opinion.pdf
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 ...
https://www.restructuring-globalview.com/2015/06/commercial-mortgage-backed-securitization-investors-given-safe-harbor-protection/
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)
https://www.guggenheiminvestments.com/perspectives/portfolio-strategy/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
https://www.structuredcreditinvestor.com/PRINT.asp?SID=30721&ISS=22520&pubID=250
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 ...
https://www.vorys.com/assets/attachments/New%20York%20Bankruptcy%20Court%20Topples%20Contractual%20Barriers%20to%20Filing%20Chapter%2011%20Part%20II.PDF
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 ...
https://admin.thompsonhine.com/wp-content/uploads/1137/doc/Striefsky_-__Practical_Real_Estate_Lawyer.pdf
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)
https://www.dlapiper.com/en/us/insights/publications/2020/11/breaking-new-ground-fall-2020/the-secret-to-fixing-cmbs/
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 ...
https://www.fennemorelaw.com/Templates/media/files/insights/materials/Bad%20Boy%20Guarantees%20Article_Nov%202012%20(Final).pdf
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
https://www.parkerpoe.com/practices/financial-restructuring
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
https://frostbrowntodd.com/practices/cmbs-lending-servicing-transactions/
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
https://turnaround.org/sites/default/files/5.%20Paper%20-%20GGP%20-%20NYU.pdf
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
https://casetext.com/analysis/innkeepers-bankruptcy-court-rules-on-cmbs-certificateholders-standing
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
https://www.federalreserve.gov/apps/mdrm/data-dictionary/search/item?keyword=P084%20&show_short_title=False&show_conf=False&rep_status=All&rep_state=Opened&rep_period=Before&date_start=99991231&date_end=99991231
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
https://www.allenmatkins.com/a/web/2032/01-03-2004-Lieske-FitzGerald-CMBS-World.pdf
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
https://www.hklaw.com/es/services/practices/real-estate-hospitality-and-leisure/real-estate-capital-markets
... 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 ...
https://www.bhfs.com/Templates/media/files/insights/General%20Growth%20Bankruptcy%20Ruling%20Has%20Potential.pdf
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
https://www.creditchronometer.com/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
https://www.jmbm.com/files/distressed_assets_and_real_estate_selected_transactions_2014.pdf
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
https://rejournals.com/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
http://1stsss.com/referencematerials/SP_CMBS_Legal_and_Structured_Finance_Criteria.pdf
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
https://businessrecord.com/Content/Real-Estate-Development/Real-Estate-Development/Article/Some-General-Growth-debt-to-be-repackaged-into-CMBS/173/835/38690
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 ...
https://link.springer.com/content/pdf/10.1057/palgrave.rlp.5090202.pdf
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
https://www.akerman.com/en/work/services/practices/litigation/commercial-mortgage-foreclosures-receiverships.html
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 - SEC.gov
https://www.sec.gov/Archives/edgar/data/858339/000119312513375355/d602303dex991.htm
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
https://www.globest.com/sites/globest/2010/09/01/cmbs-market-dodges-a-bullet/
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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84 NEW ISSUES IN NON-RECOURSE CARVE-OUT GUARANTIES
https://www.deanmead.com/new-issues-in-non-recourse-carve-out-guaranties/
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
https://www.cornerstone.com/practices/expertise/commercial-real-estate-cmbs-litigation/
Accounting · Antitrust and Competition · Bankruptcy and Financial Distress ... of issues involving CMBS trustees, issuers, servicers, and ratings agencies.
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86 BANKRUPTCY-REMOTE SPECIAL PURPOSE ENTITIES
https://southerncalifornialawreview.com/wp-content/uploads/2013/11/86_1309.pdf
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
https://www.nmhc.org/uploadedFiles/Articles/Comment_Letters/NMHC%20Amicus-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
https://www.venable.com/services/practices/bankruptcy-and-creditors-rights
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 ...
https://seekingalpha.com/article/162414-general-growth-properties-case-changed-the-rules-of-engagement-for-securitization
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
https://therealdeal.com/2021/10/18/hudsons-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 ...
https://www.greenbergglusker.com/overheard-in-bankruptcy/top-10-takeaways-predictions-and-trends-for-distressed-assets
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
https://www.mpamag.com/us/specialty/commercial/firm-snags-multibillion-dollar-special-servicing-assignments/326593
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
https://www.reifersondee.com/bankruptcy.html
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 ...
https://www.shutts.com/news-Shutts-Creditors-Rights-Group-Represents-Lender-in-846M-Foreclosure-Suit
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
https://realestate.wharton.upenn.edu/wp-content/uploads/2017/03/507.pdf
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
https://jscholarship.library.jhu.edu/bitstream/handle/1774.2/35757/Burhani_Default%20Issues%20in%20Commercial%20Mortgage%20Backed%20Securities_2010_Gouline.pdf
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
https://www.clearygottlieb.com/news-and-insights/events-listing/cmbs-and-the-real-estate-lawyer-2015-lender-and-borrower-issues-in-the-capital-markets5
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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