Bankruptcy Remote Entities in Commercial Real Estate Transactions

May 5, 2015

Publication| Corporate Trust & Agency Services| Bankruptcy & Corporate Restructuring

This Practice Note discusses the use of bankruptcyremote entities in commercial real estatetransactions, including different types of bankruptcyremote entities, the separateness provisions oftenrequired by lenders and the consequences ofsubstantive consolidation. This Note discusses thefundamentals of using a bankruptcy remote entityto purchase real estate, including the reasons aninvestor may be required to establish a separateentity to purchase real property.

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