Timothy Duggan, Chair of Stark & Stark’s Bankruptcy & Creditors’ Rights Group, authored the article “Cramdown Litigation: Considering COVID in Valuing Real Estate in Chapter 11 Cases,” which was published in the New Jersey Law Journal on January 26, 2022.
In this timely article, Tim discusses how the valuation of real estate in Chapter 11 cases is challenging to begin with, but adding the effect of COVID-19 will make litigating valuation issues much more complicated. The article examines various cases that provide guidance on what courts are looking for in real estate valuation cases. As Tim states in the article, “It is likely that the lifting of various COVID-19 moratoriums and the expiration of forbearance agreements will cause a spike in Chapter 11 filings, leading to epic cramdown battles between debtors and secured creditors.”
For more information, or if you have any questions about how COVID-19 may affect your real estate valuation, please contact us at www.Stark-Stark.com.