Real Estate

Workouts and Restructuring

Our Experience

Our lawyers counsel borrowers, lenders, investors and purchasers regarding real estate workouts and restructurings and when necessary, appear regularly in federal  and state courts in Massachusetts, New York and throughout the country.

The firm has been involved as debtor counsel in major Chapter 11 cases involving complex real estate portfolios, including cases in New York, Delaware, Indiana, Montana, Oregon and New England venues.

In addition, we often counsel mortgage lenders regarding the workout or foreclosure of underperforming loans in their efforts to maximize recoveries from distressed real estate assets.

On behalf of shopping center developers and lessors, we participate in all the major retail bankruptcy cases around the country. We also frequently represent developers, investors and liquidators seeking to acquire businesses and real estate assets out of bankruptcy or to fund a Chapter 11 restructuring.

In addition to representing clients in bankruptcy cases, our team provides expertise in a wide variety of sophisticated financial transactions, including out-of-court workouts on behalf of lenders and borrowers, asset-backed (CMBS) securitizations, and mezzanine and second mortgage financings.

We provide lenders, borrowers and investors many services related to workouts and restructurings that involve real estate interests, including but not limited to the following:

  • Providing innovative solutions to the problem of capital gain recognition from the forgiveness of non-recourse debt, enabling deferred gain recognition that will facilitate many kinds of debt restructurings
  • Analyzing, restructuring and negotiating ground leases and sale-leaseback arrangements;;
  • Drafting and negotiating deeds in lieu of foreclosure, forbearance agreements and consensual foreclosures;
  • Solving tax problems through 1031 like-kind exchanges involving distressed real estate assets;
  • Facilitating new equity infusions to rehabilitate distressed real estate projects;
  • Facilitating the sale of FDIC loan portfolios and distressed real estate generally;
  • Litigating and resolving lease issues arising from the bankruptcy of a landlord or tenant.