Real Estate Workouts & Reorganizations

Jackson Walker ’s Bankruptcy, Restructuring, and Recovery attorneys represent clients with an interest in real estate in all facets of out-of-court workouts, restructuings, and bankruptcy matters for real estate secured assets. In collaboration with our Real Estate team, we counsel clients through the challenges—and opportunities—arising from a distressed debt situation.

Secured Creditors

We regularly represent banks, indenture trustees, servicers, private equity firms, and other non-traditional lenders as secured creditors in significant bankruptcy matters, as well as in out-of-court restructurings. These secured creditor representations include:

  • Enforcement of creditors’ rights and protection of their claims and collateral arising from pre-bankruptcy defaults
  • Navigating secured creditor clients through the bankruptcy process
  • Enforcement of creditors’ rights and remedies post-bankruptcy

Distressed Asset Buyers and Sellers

We have significant experience helping buyers purchase real estate assets for sale in bankruptcy proceedings.

Landlord & Contract Counter Parties

We represent landlords, tenants, and contract counterparties in a full array of bankruptcy issues, including contractual negotiations, forbearance agreements, assumption and assignment of leases and contracts, and claims related to lease rejection damages.

  • Represented a variety of landlords in large and complex cases throughout the nation, including:
    • Mattress Firm
    • Ignite Restaurants
    • Mac Acquisition
    • Radioshack
    • Toys “R” Us
    • Restaurants Acquisition
    • Energy Future Holdings
    • Circuit City
    • Movie Gallery
    • The Great Atlantic & Pacific Tea Company
    • Borders
    • HUSA, Inc.
    • Seahawk Drilling
    • MJ Designs
  • Represented national owner of real estate in numerous bankruptcy cases throughout Texas, including with respect to proposed treatment of leases and post-confirmation default issues.
  • Represented purchaser buying three apartment projects totaling over $30m.
  • Represented purchaser fully-developed senior living campus valued at of $20m.
  • Represented private equity bidder in auction of multi-family property.
  • Represented bidder in auction for real property in national retailer case.
  • Represented largest unsecured creditor in sale of 41-unit chain of liquor stores.