Foreclosure, Workouts, Procedures By Baxter Dunaway
This article is a reprint of Chapter 24 of The Law of Distressed Real Estate, and includes the latest information in real estate workout, foreclosure and bankruptcy law. It is an exhaustive analysis and dissection of the bankruptcy reorganization process under Chapter 11 of the Bankruptcy Code and focuses on single-asset real estate entities and cases. This chapter was written by John C. Murray, Esq., Vice President-Special Counsel, First American Title Insurance Company. Mr. Murray handles transactional, underwriting, corporate relationship, and other responsibilities for the company’s Chicago National Commercial Division, has authored numerous pieces on various real estate, environmental, bankruptcy, taxation, and title insurance topics, and is a frequent speaker and guest lecturer. Chapter 24: Bankruptcy—Reorganization Under Chapter 11 is an updated and expanded version of John C. Murray, The Lender’s Guide to Single Asset Real Estate Bankruptcy, 31 Real Prob. & Tr. J. (Fall 1996).
John C. Murray, Vice President-Special Counsel, First American Title Insurance Company, Chicago, Illinois; B.B.A. 1967, University of Michigan; J.D. 1969, University of Michigan. The author expresses his appreciation to Thomas S. Kiriakos, a partner with Mayer, Brown & Platt, Chicago, Illinois, for his assistance with this chapter. Copyright reserved by the author of this chapter.
Table of Contents §24.01 Introduction [1] Relationship to Other Book Chapters [2] Background §24.02 Background and Ostensible Purpose of the Bankruptcy Code [1] Bankruptcy Reform Act of 1994 [a] Security Interest in Rents [b] Automatic Stay in Single Asset Real Estate Cases [c] DePrizio Case [d] Rights of Nondebtor Lessee When Lease Is Rejected [2] Chapter 7 and Chapter 11 §24.03 Powers Granted Under Chapter 11 [1] Automatic Stay [2] Preferential Transfers and Fraudulent Transfers [3] Subordination on