Real Estate
Corporate
Litigation
Bankruptcy
Distressed Real Estate
Securities
Entertainment and Media
Environmental
Project Greenstorm™
Tax Exempt Organizations
In-House Counsel Support Services
Interdisciplinary Practice Areas
Click on the picture to view further information on our Distressed Real Estate Practice Group
DISTRESSED REAL ESTATE
Over the past decade Duval & Stachenfeld has positioned itself to be the ultimate law firm for distressed real estate by acquiring and training knowledgeable and talented lawyers in the critical areas for distressed real estate; namely, real estate, bankruptcy and litigation.
Our Distressed Real Estate Practice Group is co-chaired by Bruce Stachenfeld (real estate), Terri Adler (real estate), Kirk Brett (bankruptcy/insolvency) and Allan Taffet (litigation).
Although there really are innumerable scenarios that fall within the ambit of “distressed real estate,” we have found it useful to break them out for more easy analysis and understanding into the following categories (known as the Distressed Real Estate Practice Areas):
- Purchasing and selling distressed real estate debt at the “property level” or at the “corporate level,” either during or prior to a bankruptcy proceeding.
- Purchasing and selling distressed real estate assets (other than debt) either during or prior to a bankruptcy proceeding.
- Insolvency/pre-insolvency strategies pertaining to an owner of real estate (i.e., typically, a borrower), including: (i) so-called “pre-packaged bankruptcy plans” and (ii) of course, filing for bankruptcy itself.
- Buying, selling and recapitalizing partnership, limited liability company or other co-venture interests in a distressed real estate situation.
- Litigation -- both offensive and defensive -- pertaining to distressed real estate, including lender liability issues.
- Extending credit to insolvent borrowers, high risk borrowers and bankrupt borrowers, including pre-petition loans and debtor-in-possession loans.
- Debt restructuring, recapitalization or other reorganization of a distressed party which has not yet filed for bankruptcy, also known informally as a “workout.”
- Advising on the implications of the Emergency Economic Stabilization Act and any follow-on or related governmental actions and any programs established thereunder.
- Unusual transactions that present elements of the foregoing but do not necessarily fit neatly into any category.
In general, the attorneys involved in the Distressed Real Estate Practice Group are experts in dealing with all stages (and on behalf of all sides) of the restructuring, insolvency and bankruptcy spectrum, including each of the Distressed Real Estate Practice Areas referred to above.
The matters on which we have been engaged include instances where our clients’ counterparties have become insolvent (or have approached insolvency), and our clients have sought assistance to protect their interests. In other matters, our clients have sought to capitalize on distressed situations and have relied upon our expertise to ensure a positive result. We also have clients who are experiencing hardship during the so-called “credit crunch” and have requested our services to ensure a positive result.