Real Estate

A Deep Dive into Cross-Border Real Estate Insolvencies: Evergrande and Beyond

This panel provides an overview of some key issues, sectors and trends in real estate from a global and cross-border perspective by examining the status of asset class and related global/regional market conditions, issues confronting stakeholders and the legal tools they are using to manage and reposition assets, and predictions for the balance of 2025. Considerations for U.S. investors in non-U.S.-based real estate projects, as well as the perspectives of certain foreign investors or lenders to U.S. real estate-based projects, also is discussed.

Real Estate | April 2025

The Value of Options in CRE Restructuring

Established methods of determining value include computing the present value of observable cash flows and inferring value from other observable valuations — otherwise known as “relative” valuation or “comparables.”[1] But when observable cash flows or comparable valuations are not available, a third approach is to value optionality. In real estate, options abound, and it is worth thinking about how to analyze optionality in calculating value.

How Do Courts Analyze Whether Senior Living, Other Health Care Facilities Qualify as Residential vs. Nonresidential Real Estate for Purposes of § 365(d), and Is There a Trend?

Section 365(d) of the Bankruptcy Code draws a clear distinction between residential and nonresidential leases, and those distinctions can impact a debtor’s rights.

Co-Chairs Corner

ABI’s Real Estate Committee started off its 2025 webinar series with a bang, interviewing Brandon Svec with CoStar Group for a Commercial Real Estate Economic Outlook. Stay tuned for announcements regarding the section’s additional webinars still to come this year.

Commercial Real Estate Economic Outlook

The “F” Word, from the False Claims Act to Ponzi Schemes: Practical Tips for Identifying and Efficiently Addressing Fraud in Bankruptcy Cases (and Beyond)

Fraud is an ever-present concern in bankruptcy cases, manifesting in various forms from False Claims Act violations to Ponzi schemes. This panel will provide practical tips and strategies for identifying, addressing and litigating fraud in the bankruptcy context.

A Potpourri of Ethical Considerations in Real Estate Bankruptcy

This panel will consider ethical issues in real estate bankruptcies involving candor to the court as to out-of-court happenings, considerations for debtor’s counsel and advisors in parsing entity vs. guarantor, and other insider issues.

Hospitality Industry: A Deep Dive into Its Recovery and Lingering Distress

The hospitality sector is one of the commercial real estate asset classes that has endured profound changes since the pandemic, both positive and negative. Pent-up demand for travel, flexible work schedules and strong consumer spending are driving demand in some sectors, while remote work has fundamentally changed business travel, which is straining occupancy and profits at properties that historically have relied on this steady stream of business.

Chicago Federal Reserve Real Estate Outlook

Commercial real estate continues to be top of mind for restructuring professionals nationwide, as Federal Reserve interest rate policy to curb inflation is impacting values at the same time as rapid changes in supply and demand within several asset classes have taken hold. ABI's Real Estate Committee is honored to host a commercial real estate economic outlook presentation featuring Martin Lavelle, senior business economist with the Federal Reserve Bank of Chicago, to provide important market intelligence.