Asset Distress & Revitalization
Not unlike its relentless and systemic assault on the human body, Covid-19 is wreaking havoc on the global economy. With virtually every sector experiencing unprecedented turbulence and uncertainty, no business is immune to the short- and longer-term challenges of the pandemic.
As businesses grapple with the economic fallout of the pandemic, they will require specific strategic guidance, both business and legal, depending on whether seeking to protect or acquire distressed assets.
Some businesses will need to reinvent business models or restructure operations, while others face the impending threat of litigation against contractual counter-parties, or are defending against claims brought by shareholders or employees. Still others may find that they need to divest assets or consider bankruptcy.
Bilzin Sumberg can assist with recommendations for making decisions about best options for the future, whether weathering, restructuring, divesting, or acquiring distressed assets, in a challenging economy.
The team includes lawyers from across disciplines with market-leading business and legal experience focused on:
- Restructuring and Bankruptcy, including buying assets out of bankruptcy
- Corporate and Joint Venture, including P3s
- Finance, including private equity and other opportunity funds
- Real Estate, from acquisition to disposition
- Land Use and Entitlements
- Litigation & Dispute Resolution
A tale of two markets: Some CMBS players see huge losses, others opportunity
The Real Deal
In today's economic client, foreclosures and loan modifications in the CMBS market - particularly in the hotel and retail market - are becoming more prevalent. More real estate investment firms are considering turning over properties tied to securitized commercial mortgages back to lenders, while banks and other CMBS servicers are increasingly faced with the difficult decision of foreclosing or making serious loan modifications. CMBS debt restructurings are highly complex, with a litany of problems for borrowers, lenders, and bondholders, and particularly for borrowers looking to refinance distressed assets after special servicing commences.
“If the borrower recently cashed out with a refinancing, they will be more likely to hand [the property] back to the lender,” said Suzanne Amaducci-Adams, head of real estate at Bilzin Sumberg.
White Knights or Opportunists? Bridge, Preferred Equity Investors an Option for Struggling Real Estate
"Bridge lenders and preferred equity investors are in line to become the go-to rescuers for property owners, especially hoteliers and retailers that have taken the hardest hit. … Attorneys who negotiate between lenders and borrowers also are seeing an uptick. Bilzin Sumberg Miami partner and real estate head Suzanne Amaducci-Adams is looking at more than $200 million in interest for bridge loans and preferred equity. 'People are definitely researching the opportunities,' Amaducci-Adams said."