Available in:

OnDemand Course

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.

65 minutes
Course Exam
Certificate of Completion
Purchase Options

Add to Wishlist

More Program Information

Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Bankruptcy 101

  • Understanding Primary Bankruptcy Processes
  • Key Differences Between Chapter 11 (Including Subchapter 5) and Chapter 7 Cases
  • Understanding Property of the Bankruptcy Estate
  • Understanding the Primary Effects of the Automatic Stay

Key Parties - Owners/Landlords, Tenants, Lenders

  • Bankruptcy Tools, Effects, etc. Vary Widely Depending on the Party
  • Understanding the Primary Effects and Strategies as to Each Party

Single Asset Real Estate Case

  • What Is Single Asset Real Estate?
  • Primary Differences/Concerns for Sare Debtor
  • Potential for 'Bad Faith' Filing Challenge

Lender/Mortgagee Considerations

  • Adequate Protection Requirements
  • Cash Collateral Considerations and Assignments of Rents
  • 363 Sales
  • Potential Relief From the Automatic Stay
  • Insurance

Commercial Leases - Landlord/Tenant Considerations

  • 365(d) Requires Timely Performance of Lease Obligations
  • 365 Allows for Assumption or Rejection of Unexpired Leases
  • Tenant's Rights Under §365(h)
  • §365(h) vs. §363 - Competing Rights

Strategies Prior to and in Bankruptcy

  • Lease Enhancement Strategies
  • Ipso Facto and Anti-Assignment Clauses
  • Preference Defense
  • Cramdown and Plan Confirmation
Purchase Options

Add to Wishlist

More Program Information

Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on October 28, 2021.

Call 1-866-352-9540 for further credit information.

  • AR CLE 1.0
     
  • This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
     
  • CA MCLE 1.0
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
     
  • NY CLE 1.0 including Areas of Professional Practice 1
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.0 credit hours in the area(s) of Areas of Professional Practice for 1.00 hour. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • WA CLE 1.0
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.0 hours of A/V credit under the Law & Legal Procedure category.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Purchase Options

Add to Wishlist

More Program Information

Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

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]
Purchase Options

Add to Wishlist

More Program Information

Why Lorman?

Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

All of your training, right here at Lorman

All of your training, right here at Lorman.

Pay once and get a full year of unlimited training in any format, any time!

  • OnDemand Courses
  • Live Webinars
  • MP3 Downloads
  • Course Manuals
  • Executive Reports
  • White Papers and Articles

Additional benefits include:

  • State Specific Credit Tracker
  • All-Access Pass Course Concierge

Questions? Call 877-296-2169 to speak with a real person.

Sign Up Today
With This Course

Access to all training products for one year
$699/year

Unlimited Lorman Training

With the All-Access Pass there is no guessing what you will need for your yearly training budget. $699 will cover all of your training needs for an entire year!

Easy Registrations

Once you purchase your All-Access Pass you will never be any further than one-click away from attending any Lorman training course.

Invest in Yourself

You haven't gotten to where you are professionally by luck alone; it's taken a lot of hard work and training. Invest in yourself with the All-Access Pass.

Product ID: 409058
Published 2021
Purchase Options

Available in Multiple Formats

Purchase this course and learn on your schedule!