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distressed real estate assets

Bingham McHale’s Distressed Real Estate Asset Team provides a full range of legal services for traditional commercial lenders, equity lenders and funds, owners, brokers, receivers and other industry stakeholders to assess options for sale or other disposition of distressed real estate assets and associated debt. Our experience in all aspects of commercial real estate transactions (including real estate financing and related specialties), along with our strategic approach to bankruptcy and receivership negotiations and proceedings, provides our clients with the opportunity to:
  • Review and consider restructuring alternatives for distressed real estate assets
  • Explore out-of-court disposition of distressed real estate assets through receivership or bankruptcy sales
  • Consider income tax consequences for proposed dispositions of assets and debt
  • Seek, obtain and structure capital investment to retain controlling or minority interests in distressed projects
  • Appeal property tax assessments and search for additional project cost reductions
  • Negotiate workout arrangements and forbearance agreements
  • Determine when Chapter 11 can provide an effective restructuring alternative
  • Receive experienced advice on foreclosure and creditors rights issues
  • Consider lender liability issues and associated risks
  • Engage our firm to act as a receiver or to represent receivers
  • Assist traditional and non-traditional lenders with disposition of distressed real estate assets
  • Assist investors in due diligence investigations for distressed-asset transactions
  • Assist investors in acquisition and sale of distressed real estate assets

Our team offers a multi-disciplinary focus, innovative solutions and creative problem-solving from counsel and staff experienced in all aspects of commercial real estate transactions, development, finance and workouts, and includes the following members:

Jeffrey T. Bennett (Property Tax)
Melissa J. Ford (Partnership Tax and Real Estate)
Amy L. Gilliatt (Commercial Lending)
Thomas C. Scherer (Bankruptcy and Creditors Rights)
Mary E. Solada (Real Estate)
D. Bryan Weese (Real Estate Transactions and Finance)

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