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Articles Posted in Distressed Real Estate

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Hotels & Hospitality: Trends and Recovery

In episode # 30 of Industry Insights podcast, Christian Salaman returns to join host Joel Simon to provide insights on the current recovery of the hospitality industry, the latest trends for owners and managers and the impact across other asset classes like senior residences and student housing. When you last joined…

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A Deep Dive into the Corporate Transparency Act

In episode #29 of Industry Insights podcast, Andrew Weiner joins host Joel Simon for the second episode of our two-part examination of the Corporate Transparency Act (CTA). In this episode, Weiner turns his attention to the unanswered questions and ambiguity underlying phrases like “beneficial owner” and “substantial control.” Joel Simon: Let’s continue…

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Pandemic Does Not Satisfy Lease’s Casualty Clause Court Finds

One year into the pandemic, courts have almost uniformly found that COVID-19 does not permit commercial tenants to avoid their rent payment obligations. In this case, the court continued that trend, ruling that the pandemic was not a “casualty” that permits a tenant to abate its rent payments or cancel…

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$1.9 Trillion COVID-19 Relief Package Passed by Congress

President Biden has now signed the American Rescue Plan Act, a $1.9 trillion investment and stimulus package designed to address the ongoing COVID-19 pandemic, into law. Matthew Oresman, Elizabeth Vella Moeller, Craig J. Saperstein, Brian E. Finch, Aimee P. Ghosh, Rose Fowler Lapp discuss the relief bill which includes a new round of stimulus…

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Eligibility and Application Guidance for Shuttered Venue Grants

On March 5, 2021, the SBA published an overview of eligibility requirements and a preliminary application checklist for the Shuttered Venue Operators Grant (Grant) Program. The overview of eligibility requirements clarifies ownership restrictions, prohibited activities, and business, operational and facility requirements for each type of business potentially qualifying for Grants.  Colleague David L.…

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Insolvency Issues, Real Estate and COVID-19

Over the past year, our attorneys have explored numerous insolvency topics affecting real estate. Together, the alerts in this series tackle many facets (and potential applications) of the Bankruptcy Code as potential balm and bane for owners, landlords and lenders trying to navigate a landscape made exponentially more treacherous by…

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Swimming Lessons–Surviving and Navigating the Choppy Waters of Distressed Real Estate

  Real Estate partner Andrew Weiner and Tax partner Craig Becker discuss the intersection of transfer tax with enforcement in distressed real estate in New York and California in the latest Swimming Lessons Series presentation.

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Extended Rent Holiday for Retail Debtors Not Permitted Under Bankruptcy Code

A recent Chuck E. Cheese decision denies the debtor’s/tenant’s request to defer paying rent after the 60-day “rent holiday.” The Bankruptcy Court applied the “plain language” rule to hold that section 365(d)(3)’s rent holiday cannot be extended. In “Bankruptcy Court Rules Bankruptcy Code Does Not Permit Extended Rent Holiday for Retail…

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New Compliance Obligations for Real Estate Developers, Investors, Fund Sponsors

The Corporate Transparency Act creates a federal beneficial ownership registry for corporations, LLCs and “other similar entities.” The act creates new and unprecedented reporting obligations relating to entity structures commonly used in private real estate development. Colleagues Christian A. Buerger, David L. Miller, Andrew J. Weiner and Aaron R. Hutman discuss the…