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ABI Journal

Finance and Banking

Lenders face a fundamental problem in life: the math, from the onset, favors the borrower. This is nowhere better displayed than in real estate transactions, where most debt is non-recourse and secured at the property level. Much legal work in a real estate transaction can be viewed as an effort to make up for and possibly invert the inherent disadvantages of the lender. This session aims to provide an intuitive, practical understanding of the role of option theory in structuring and valuing the positions of borrowers and lenders. Be able to look at any situation and better assess the value of embedded optionality. See value or costs where you didn't see them before. Capture more value for your clients. Be able to draw option diagrams on cocktail napkins at networking events. Debtor Suggested Speakers
Israel
Shaked
ishaked@michel-shaked.com
Ken Miller kmiller@advisorsguardian.com Guardian Advisors
The session will discuss the legal basis for claims trading, the evolution of the claims trading market, the liquidity in the claims trading market as a result of improved ability of buyers and sellers to access that market. The panel will also discuss different case studues for allocating risk with traded claims. Understanding the claims trading market;
Understanding how to maximize the value of claims;
Understanding the legal basis for claims trading; Business Suggested Speakers
Brian
Davidoff
bdavidoff@ggfirm.com
Andrew
Glantz
andrew@x-claim.com
Matthew
Sedigh
matt@x-claim.com
Brian Davidoff bdavidoff@ggfirm.com Greenberg Glusker LLP
Suggested Categories
Debtor estates and other distressed stakeholders can monetize formerly contaminated parcels which have no higher or better use than solar by leasing or selling those assets to specialized brownfields-to-solar developers. These niche developers can buy suitable parcels outright or offer twenty-year leases which can be transferred with the property. The Inflation Reduction Act and renewable energy-friendly states provide significant financial incentives which allow for generous lease rates. Bankruptcy trustees, debtor estates, creditors and other stakeholders have begun exploring this monetization strategy, which can be accomplished out of court, as long as the assets are at least partially remediated. What is the brownfields solar financial model, whether through lease or acquisition, and how much revenue would it generate in a sample project?
What types of real estate assets are suitable for solar siting (and no other, higher/better uses)?
What geographical locations/states provide the best financial incentives (tax incentives, rec programs, high power rates) to generate the highest lease rate or purchase price for a trustee, debtor estate or other stakeholder?
What are the relevant provisions of the Inflation Reduction Act?
What are some of the relevant provisions in states with favorable policies?
How can a trustee, debtor estate or other stakeholder mitigate the environmental risk associated with brownfields solar projects?
How can public sector creditors properly dispose of or monetize through lease brownfield properties where the property owner is missing or refuses to appear in court proceedings?
Can environmental liabilities be discharged under section 363 of the Bankruptcy Code? Is that necessary in the context of developing solar on brownfields? Debtor Suggested Speakers
Christy
Searl
christy@acpowerllc.com
Christy Searl christy@acpowerllc.com AC Power LLC