The Single Asset Real Estate Case: Basic Principles and Strategies

by David R. Kuney, Alex R. Rovira

Overview

The Single Asset Real Estate Case: Basic Principles and Strategies explores the key issues that arise in most commercial real estate cases, including cases that are “single asset real estate cases.” Examining a real estate bankruptcy case from its opening moments, including cases lacking in good faith and the judicial attitude toward real estate cases, the book explores the highly complex issues surrounding the use of cash collateral and how various courts have analyzed continuing problems in rent assignments, as well as the application of adequate protection payments. The book discusses the meaning of designating a case as a “single asset real estate case” and how that changes the operation of case. Lastly, the book explores the structure and standards for a real estate plan of confirmation, and looks at the key Supreme Court decisions in Till v. SCS Credit Corporation and 203 N. LaSalle with an exploration of the “new value exception.”

Product Details

BN ID:	2940014749657
Publisher:	American Bankruptcy Institute
Publication date:	06/04/2012
Sold by:	Barnes & Noble
Format:	eBook
Pages:	212
File size:	640 KB

About the Author

David R. Kuney is a partner in the Real Estate group in the Washington, D.C., office of Sidley Austin LLP, where his practice is focused primarily on representing both debtors and creditors in real estate restructurings, complex chapter 11 bankruptcy cases and complex civil litigation, with an emphasis on cases involving commercial real estate property, retail and landlord cases, homebuilders, public utility bankruptcies and retail bankruptcies on behalf of both landlords and commercial tenants. He has had extensive litigation experience in bankruptcy and civil courts, and has served as lead counsel in both jury and non-jury civil matters throughout the U.S. involving both real property disputes on major projects and other civil matters. Mr. Kuney is a member of the American College of Real Estate Lawyers and co-chaired its Bankruptcy Committee for five years. He is an adjunct professor of bankruptcy law at Georgetown University Law Center and has published numerous articles and books, including ABI’s Bankruptcy Issues for Commercial Landlords, Tenants and Mortgagees. Mr. Kuney is the program chair for ABI’s Views from the Bench program. He served with the U.S. Marine Corps in Vietnam and was honorably discharged with the rank of captain. Mr. Kuney graduated with high honors from the University of Virginia in 1967 and from the University of Virginia Law School in 1973.

Alex R. Rovira is a partner in the New York office of Sidley Austin LLP and a member of its Corporate Reorganization & Bankruptcy Practice group. Mr. Rovira co-authored “Asset Securitization and the Effect of Insolvency on Special Purpose Vehicles,” The European Restructuring and Insolvency Guide 2005/2006; “Tenants-in-Common in Commercial Real Estate Transactions: Assessing the Bankruptcy Risks,” 18th Annual Real Property and Estate Planning Symposia ABA Section of Real Property, Probate & Trust Law, April 26-27, 2007, Washington, D.C.; and Derivatives and Bankruptcy, Chapter 14.04: “Stockbroker Liquidations: Liquidation of a Stockbroker Pursuant to SIPA, Derivatives: Legal Practices and Strategies,” Robert D. Aicher, Aspen Publications, 2010. He received his B.A. in economics from Harvard University and his J.D. from Georgetown University Law Center in 2003.