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The Fundamentals of Commercial Real Estate Bankruptcy


Understand the key steps in the bankruptcy process and how they affect the various parties related to commercial real estate.

Bankruptcy cases involving commercial real estate present a multitude of problems. Depending on the party and its relation to the real estate, significant differences in concerns, legal issues and strategies come into play. Knowing the bankruptcy process, certain key provisions of the Bankruptcy Code applicable to commercial real estate, and what to expect in a bankruptcy case involving such real estate are vital in evaluating the best path. Owners of commercial real estate, tenants of commercial real estate, and mortgagees on such properties must each understand their respective positions, claims, and rights in a bankruptcy case. Knowledge of these issues in advance of a bankruptcy filing can greatly enhance preparation and expectations for counsel and their clients if and when a bankruptcy is filed.



Kirk B. Burkley, Esq.

Kirk B. Burkley, Esq.

Bernstein-Burkley, P.C.

  • Managing partner of Bernstein-Burkley, P.C.
  • Practice emphasizes all aspects of bankruptcy and restructuring, creditors’ rights, business and corporate transactions, litigation, real estate, and oil and gas
  • Conducts regular seminars/live webinars and workshops on bankruptcy, creditors’ rights, and oil and gas
  • Author of several publications related to the bankruptcy field, with work appearing in ABI Journal, Equipment Leasing Newsletter, Pennsylvania Association of Credit Managers Newsletter The Creditor, and more
  • Emeritus Board Member of the American Board of Certification, past president of the American Board of Certification, past president of Turnaround Management Association, member of Allegheny County Bar Association, American Bankruptcy Institute
  • J.D. degree, University of Pittsburgh School of Law; B.S. degree, Ohio University
  • Can be contacted at [email protected] or 412-456-8108
Mark A. Lindsay, Esq.

Mark A. Lindsay, Esq.

Bernstein-Burkley, P.C.

  • Partner in Bankruptcy/Restructuring group at Bernstein-Burkley, P.C.
  • Practice focuses on all aspects of commercial bankruptcy, restructuring, and related litigation
  • Significant experience representing commercial landlords in chapter 11 proceedings
  • Member of the Pennsylvania Bar Association, the Allegheny County Bar Association, and Turnaround Management Association
  • Past president of the Allegheny County Bar Association Bankruptcy and Commercial Law Section
  • J.D. degree, Duquesne University School of Law; B.S. degree, University of Pittsburgh
  • Can be contacted at 412-456-8121 or [email protected]

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