As we wrap up another successful year for the ABI Real Estate Committee, we want to thank each of our members and our executive committee for making it all possible. Here are a few highlights from the committee’s activities in 2015.
The 2015 Annual Spring Meeting
The Real Estate Committee paired with the Asset Sales Committee at the 2015 Annual Spring Meeting to present “Don’t Restrict My Sale: The Enforceability of Restrictive Covenants and Easements in Assets Sales in Bankruptcy.” The panelists included:
· Gregory G. Hesse (Hunton & Williams LLP; Dallas)
· Hon. Catherine Peek McEwen (U.S. Bankruptcy Court (M.D. Fla.); Tampa)
· Alec P. Ostrow (Becker, Glynn, Muffly, Chassin & Hosinski LLP; New York)
· Michael D. Sirota (Cole, Schotz, Meisel, Forman & Leonard, PA; Hackensack, N.J.)
The session was well attended, and the presentation involved an entertaining and interactive study of four hypotheticals. The panel was moderated by Judge McEwen, who did a superb job engaging the audience on each of the issues. We received very positive feedback from the audience immediately after the presentation, and the panelists remarked that it was the most fun they have had presenting at an ABI conference.
ABILive Webinar
The Real Estate Committee joined with the Bankruptcy Taxation Committee to present “Tax Credit Projects in Distress.” Panel members included:
· Mark v. Bossi (Thompson Coburn LLP; St. Louis)
· Patrick A. Clisham (Engelman Berger, PC; Phoenix)
· Jon Krabbenschmidt (Novogradac & Co. LLP; San Francisco)
· Alan Weiner (Focus Management Group; Tampa, Fla.)
Topics covered by the successful webinar include Low-Income Housing Tax Credit, New Market Tax Credit, Historic Tax Credit programs, and some of the unique issues and challenges that arise in workouts and bankruptcies involving projects financed through such programs.
The 2015 Winter Leadership Conference
The Real Estate Committee joined with the Business Reorganization Committee for this year’s WLC panel to present “Big and Little Boxes: The Ins and Outs of Retail Restructuring.” Panel members included:
· Martin J. Bienenstock (Proskauer; New York)
· Jack Butler (Hilco Global; Northbrook, Ill.)
· Hon. Mary Grace Diehl (U.S. Bankruptcy Court (N.D. Ga.); Atlanta)
· Lorenzo Marinuzzi (Morrison & Foerster LLP; New York)
· David L. Pollack (Ballard Spahr LLP; Philadelphia)
The presentation was a great success, with informative speakers and lively discussions. The committees co-hosted a networking reception in connection with the panel that was equally successful.
Newsletters and Listserve Distributions
Including the new articles below, the committee published nine original articles in our quarterly newsletters in 2015, covering a wide range of real estate-related topics, and timely distributed several listserve notices and summaries to its members regarding new developments and current real estate bankruptcy issues. Please be sure to read the new articles below; topics from past articles include:
“Abandoned, Exempt or Stripped: Recent Developments in Lien-Stripping in Bodensiek” — by Tina Talarchyk (The Talarchyk Firm; Palm Beach, Fla.)
“ABI Commission’s Proposed Changes to Code Affecting Real Estate” — by Scott Underwood (Buchanan Ingersoll & Rooney PC; Tampa, Fla.)
“Designation Rights: A Dangerous Creep Around the Landlord Protections in § 365 Amounts to Sanctioned Hijacking” — by Donald Clarke (Wasserman, Jurista & Stolz, PC; Basking Ridge, N.J.)
“Fifth Circuit: Condo Lien Is Not ‘Security Interest’ for Purposes of Lien-Stripping” — by Christopher Camardello (Winthrop & Weinstine, PA; Minneapolis)
“Impact of ABI Commission’s Final Report and Recommendations on SARE Cases” — by Megan Murray (Trenam Law; Tampa, Fla.)
“The Identification of Intangible Values in Real Estate Appraisals” — by Neil Axler (McGladrey LLP; New York)
All of the newsletters can be accessed by ABI members at the Real Estate Committee’s web page. The committee is always looking for contributors to its newsletter. If you are interested in writing an article for the committee newsletter, please contact Newsletter Editor Michael Rosow at mrosow@winthrop.com.
On the Lookout for Special Projects
The committee is committed to developing and implementing a special project to assist and serve its members. The committee is currently exploring the possibility of maintaining a blog on the ABI website. If you have an idea for project that the committee should take up, please reach out to our special projects administrator, Scott Underwood, at scott.underwood@bipc.com.
Looking Ahead to 2016
The Real Estate Committee is pairing with the Bankruptcy Taxation Committee for the 2016 Annual Spring Meeting to present a panel titled, “Hospitality and the Tax Man: Historical Hospitality Tax Issues in Distress.” Please plan to attend and hear all of the developments in this area of law.
Help Any Way You Can
Please help us continue to improve our committee and provide all of our members with excellent writing, education and participation opportunities at ABI. We are always looking for new ideas and opportunities from our committee members, so if there is a topic you think should be covered at one of the annual meetings, in a newsletter or in a webinar, or if there is any way you think that the committee can provide more value to you, please reach out to Co-Chairs Nate Carney or Patrick Clisham (ncarney@carneylawfirm.com or pac@eblawyers.com).