Skip to main content

%1

Session Description
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.
Learning Outcomes
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.
Target Audience
Debtor
Suggested Speakers
Israel
Shaked
ishaked@michel-shaked.com
First Name
Ken
Last Name
Miller
Email
kmiller@advisorsguardian.com
Firm
Guardian Advisors

Commercial Real Estate Market Poised to Thaw on $570 Billion Gap

Submitted by jhartgen@abi.org on

Soaring borrowing costs and plunging prices walloped the global commercial-property market last year. Now, more clarity around values and an urgent need to address looming debt maturities are expected to spark more deals, Bloomberg News reported. Sellers and buyers are finally seeing more opportunities to transact after uncertainty nearly froze the market for much of last year. The average number of bids per deal climbed 16% in November 2023 from the end of 2022, according to Jones Lang LaSalle Inc. And the opportunity may be vast: The brokerage estimates that property owners with loans maturing through the end of 2025 will need as much as $570 billion in new equity given how sharply values have fallen. With some central banks starting to signal that the rapid rate-hiking cycle is winding down, investors have gained more insight into borrowing costs. And several real estate deals — including the sale of roughly $33 billion in commercial-property debt from the failed Signature Bank — have also provided more transparency on values. The clarity is starting to spur some optimism in the beleaguered market. The market still needs to see a longer period of stability with interest rates to fully unlock the capital that’s on the sidelines, according to JLL. And many owners may wait to transact until values stabilize even more or potentially start rising. But with more than $3 trillion of property around the world that has debt set to mature through 2025, many owners need to figure out what to do with certain properties and debt in the coming months, according to JLL.

Article Tags

Owner of Mixed-Use Property in Manhattan Files for Bankruptcy

Submitted by jhartgen@abi.org on

The owner of mixed-use building Bloom on 45th in Manhattan has filed for bankruptcy, saying fallout from the COVID-19 pandemic as well as interest-rate hikes have made it unable to meet its debt obligations, WSJ Pro Bankruptcy reported. Hudson 888 sought protection from creditors Sunday in the U.S. Bankruptcy Court in Manhattan after it failed last Friday to reach a debt-restructuring settlement with a secured lender owed a total of $79.8 million. The property, at 500 W. 45th St., was built in 2020. Roughly 60 residential units of the 92-unit luxury condo property in Hell’s Kitchen are unsold. “As a result of the pandemic restrictions in place for more than two years, residential sales of the project did not meet the projections” of the owner and original lenders, Hudson 888 Chief Executive Sheng Zhang said in a filing. When pandemic restrictions started easing in 2022, the Federal Reserve began successive interest rate hikes to combat inflation. “Those increases in interest rates caused mortgage rates to increase, which put downward pressure on the condominium sales market,” the CEO said in the filing. Hudson began defaulting on its debt in late 2022.

Debts, Lawsuits Force Detroit Builder to File Bankruptcy

Submitted by jhartgen@abi.org on

Detroit-based builder MiG Construction filed for bankruptcy last month, according to a court filing in U.S. Bankruptcy Court for the Eastern District of Michigan, following legal disputes at a $30 million job in the city and debt to its subcontractors, ConstructionDive.com reported. The firm faced issues on the Dreamtroit project, a $30 million affordable housing development that MiG is contracted on. MiG filed a lien against Dreamtroit’s developers, alleging they owed the builder $3.28 million, while subcontractors lined up to demand their own payments from MiG. All told, the construction company reported it had between 100 and 199 creditors, according to the Dec. 19 bankruptcy filing, with $6.28 million in total liabilities. However, MiG noted that funds would be available for distribution to unsecured creditors.

China Builder Xinyuan’s U.S. Unit Files for Chapter 11 Protection

Submitted by jhartgen@abi.org on

A subsidiary of Chinese developer Xinyuan Real Estate Co Ltd. has filed for chapter 11 protection in the Southern district of New York court, according to a court filing, Bloomberg News reported. Hudson 888 Owner LLC, whose business is “single asset real estate,” filed the petition, according to the court document dated Sunday. Its estimated liabilities and assets are both within the range of $100 million to $500 million, the filing shows. Hudson 888 Owner is a US unit of Xinyuan, according to a document on the SEC website. Like many distressed Chinese developers, Xinyuan fell into distress in 2022 and didn’t make an interest payment in October that year. It did a dollar debt exchange in June 2023 and hired Alvarez and Marsal as its restructuring adviser.

Offices Around America Hit a New Vacancy Record

Submitted by jhartgen@abi.org on

America’s offices are emptier than at any point in at least four decades, reflecting years of overbuilding and shifting work habits that were accelerated by the pandemic, the Wall Street Journal reported. A staggering 19.6% of office space in major U.S. cities wasn’t leased as of the fourth quarter, according to Moody’s Analytics, up from 18.8% a year earlier. That is slightly above the previous records of 19.3% set in 1986 and 1991 and the highest number since at least 1979, which is as far back as Moody’s data go. The new record shows how remote work has upended the office market. But that is only part of the story. Much of the market’s current malaise traces its roots to the office-market downturn of the ’80s and ’90s. That surge in office vacancies in the 1980s and early 1990s followed years of overbuilding. Easy lending fueled a construction boom, particularly in the South where land was cheap and red tape sparse. Banks often financed speculative office projects that didn’t have any tenants signed up. “The building I built was almost a million square feet—100% empty,” said developer Bruce Eichner, who built the Manhattan office tower 1540 Broadway in the 1980s. The result was a glut of office buildings that couldn’t find tenants when the economy went into recession in 1990 as the country suffered from the savings-and-loan crisis, when many S&Ls failed. That glut weighs on the office market to this day and helps explain why vacancies are far higher in the U.S. than in Europe or Asia. Many office parks built in the 1980s and earlier struggle to find tenants as companies cut back on space or leave for more modern buildings.

Article Tags
Session Description
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.
Learning Outcomes
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?
Target Audience
Debtor
Suggested Speakers
Christy
Searl
christy@acpowerllc.com
First Name
Christy
Last Name
Searl
Email
christy@acpowerllc.com
Firm
AC Power LLC

Mortgage Investor JER Files for Bankruptcy, Is Latest Property Firm to Crash

Submitted by jhartgen@abi.org on

JER Investors Trust Inc., a mortgage REIT, filed for bankruptcy in the latest sign of distress in commercial real estate, Bloomberg News reported. The real estate investment trust — which counts private equity firm C-III Capital Partners among its top shareholders — owes more than $100 million to creditors, but has less than $50 million in assets, according to a chapter 11 petition filed in Wilmington, Del., on Friday. JER Investors manages a portfolio of mortgage backed securities and other types of debt tied to the commercial real estate market, according to the company’s website. As interest rates climbed this year, commercial properties came under pressure, especially firms that lost tenants during the pandemic as office-tower workers stayed home. Earlier this month, mall owner Pennsylvania Real Estate Investment Trust filed for bankruptcy for the second time in three years. In November, the coworking behemoth WeWork Inc. filed for bankruptcy with plans to cut back a sprawling real estate portfolio that spanned 39 countries. C-III Capital owns at least 8.4% of JER Investors, according to court papers. JER also owes C-III nearly $20 million, the bankruptcy filing shows. The Bank of New York Mellon Trust is owed $93.9 million, according to the chapter 11 petition.

Session Description
How are commercially based locations changing so that their locations are rented and used by consumers?
Target Audience
Business
Suggested Speakers
Greg
Ficks
Ivan
Gold
Ron
Gold
First Name
John
Last Name
Lucas
Email
jlucas@pszjlaw.com
Firm
Pachulski Stang Ziehl & Jones