A common situation encountered by insolvency practitioners is a matter involving an LLC that exists solely to hold the principal asset and “the night before” the property is scheduled to be sold at a foreclosure auction the debtor elects to file bankruptcy to invoke the “Automatic Stay”, which prohibits the secured lender from foreclosing on the property. The bankruptcy code contemplates this and therefore has a section devoted to dealing with this specific kind of bankruptcy known as a Single Asset Real Estate (“SARE”) case.
This webinar presents practice pointers on how to use the ABA Model Rules as a guide to navigating ethical issues in Single Asset Real Estate or SARE cases. Model Rules addressed include those that address a conflict of interest towards current clients (Rule 1.7); those that speak to meritorious claims and contentions (Rule 3.1); and dealing with an unrepresented person (Rule 4.3).
David Levy is Vice President of Business Development for NRC Realty & Capital Advisors. NRC conducts structured sales, sealed bid sales, and auctions of all types of real estate and… Read More
With more than 36 years experience, Christopher J. Horvay has represented senior creditors and asset-based lenders in complex litigation, workout and bankruptcy matters across the country. His practice also involves the representation of… Read More
Matt Christensen joined Johnson May in 2008 as an associate attorney. Now the managing partner of the firm, Matt has a civil litigation practice involving commercial law (finance and secured… Read More