Courts Issuing Increasing Number of Distressed Real Estate Decisions

July 1, 2024
Though interest rates may have peaked, #FaegreDrinker’s Joseph N. Argentina Jr. (LAW ’09) and Andrew C. Kassner continue to expect a large volume of distressed real estate debtors to utilize the bankruptcy system over the next several years. Two recent decisions demonstrate the state of distressed real estate bankruptcies. Both pit the rights of real estate lenders against the proceeds of collateral other than the real estate itself.

New York Court of Appeals Holds No Bankruptcy Preemption of Lender Tort Claims Against Related Third Parties

The State of New York Court of Appeals has held that claims against non-debtor related parties, based on their actions to aid or induce Chapter 11 debtors to breach contractual loan covenants, were not subject to preemption under federal bankruptcy law.