Greenberg Glusker’s Real Estate Restructuring & Loan Workout Group works with owners, investors, developers, lenders, landlords and tenants to identify, assess, and address issues and opportunities that arise in connection with the acquisition, disposition, restructuring, repositioning and workout of distressed real estate assets.
Current economic circumstances present challenges of preserving assets and avoiding or reducing liabilities and also present market opportunities.
Employing an interdisciplinary approach to address all aspects of distressed assets--from acquisition to disposition--our Real Estate Restructuring & Loan Workout Group is comprised of attorneys from the firm’s Real Estate, Land Use, Tax, Bankruptcy/Insolvency, Corporate and Litigation practices who have experience with respect to the following issues, among others:
- Structuring and documenting of unconventional financing, including gap equity, loan assumptions, purchase money financings and private capital sources
- Purchase and disposition of REO properties
- Representation of investors, borrowers, lenders, landlords and tenants in bankruptcy and state court disputes, including foreclosures, receiverships, unlawful detainer actions, and relief from stay proceedings
- Resolving disputes among joint owners of property, including shareholders, partners, joint venturers, LLC members, and joint tenants through negotiation or litigation
- Tax planning associated with declining asset values, including the sale of assets with debt in excess of basis and the restructuring of estate planning strategies
- Enforcement of creditor’s rights, including realization upon collateral, collection on guarantees, defense against fraudulent transfers and preference causes of action and other bankruptcy-related claims
- Restructuring and renegotiation of credit obligations of borrowers, the prosecution of lender liability and other state law claims and the use of federal bankruptcy law protections to implement the reorganization of over-leveraged enterprises