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Distressed Real Estate, Debt Restructuring & Creditors' Rights

Troutman Sanders Economic Crisis Resource Center

Economic Update: Summaries and insight on legal developments resulting from the unprecedented economic crisis and recovery are now available via the Troutman Sanders Economic Crisis Resource Center.

The cross-discipline team draws upon the expertise of our lawyers to negotiate creative settlements among lenders, borrowers, sureties and guarantors. Our team members counsel lenders, debtors and buyers in connection with the disposition and acquisition of distressed real estate, as well as the acquisition and disposition of distressed debt and debt restructuring. We also represent both agents and participating lenders in connection with troubled syndicated loans as well as key parties in connection with securitized mortgage debt.

Our capabilities include:

  • Creditors’ rights
  • Receiverships
  • Credit arrangements secured by distressed real estate
  • Foreclosures
  • Loan workouts, restructurings and remedy enforcement
  • Bankruptcies
  • Drafting and negotiating pre-workout agreements
  • Related litigation
  • Forbearance agreements
  • Acquisition and disposition of distressed real estate
  • Deficiency settlements
  • Acquisition and disposition of distressed debt

Our Clients include:

  • National, regional and community banks in the U.S.
  • Foreign banks
  • Non-bank lenders
  • Life insurance companies
  • Venture funds
  • Other investors, sureties and borrowers
  • We have represented clients in multi-state and multi-party transactions throughout the country

Types of distressed debt assets with which we have experience include:

  • Office Buildings
  • Retail projects
  • Warehouse and industrial properties
  • Development of single family homes
  • Condominiums
  • Resorts and hotels
  • Golf Courses and other recreational facilities
  • Healthcare Facilities
  • Apartments
  • Senior Housing

The firm’s expertise with distressed real estate and debt restructuring comes from the support of knowledgeable lawyers in all practice areas, including real estate, lending, business entities, securities, income taxation, construction, leasing, insurance, land use and governmental relations, federal and state environmental regulation, state creditors’ rights law and bankruptcy, especially as those disciplines relate to loan workouts and distressed assets.

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Contact

M. Kevin McCusty
Practice Group Leader, Real Estate Finance
E-mail 804.697.1460