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Distressed Real Property

Our bankruptcy and restructuring, real estate development and finance lawyers advise on and assist in the implementation of commercial financial restructurings involving acquisition, development and divestiture of real property. We also are experienced in related matters that arise in commercial financial restructurings involving real estate, such as negotiations with and restructuring, property owners’ associations. We work closely with our environmental practice group in assessing potential liability under federal and state environmental laws and environmental contamination hazards when the acquisition or other transfer of real property is involved.

Squire Sanders’ restructuring lawyers frequently assist clients with the resolution of troubled real estate projects, loans and leases. Our clients include homebuilders, developers, lenders and investors. We strive to take all reasonable steps to help clients avoid the courtroom when negotiated solutions are possible. When judicial proceedings are necessary, we move quickly to protect client interests whether in the bankruptcy court or other litigation forums. Our representation of clients with troubled property includes:
  • Chapter 11 and out-of-court restructurings
  • Foreclosures and related litigation
  • Intercreditor negotiations and arrangements
  • Loan and lease renegotiations
  • Post-petition financing and other financing activities
  • Proceedings for relief from stay, adequate protection, case conversion or dismissal, and other means to remove collateral from bankruptcy jurisdiction
  • State court collection efforts such as, foreclosures, secured party sales, receiverships, confessions of judgment, deeds in lieu of foreclosure and judgment debtor exams
  • Treatment of leases and executory contracts

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