Bankruptcy cases involving commercial real estate present a multitude of problems. Those problems typically arise in the context of voluntary cases filed under chapter 11 of the Bankruptcy Code, 11 U.S.C. §§ 101-1532 (“Bankruptcy Code” or “Code”), and involve a dispute between the business debtor and its mortgage lender. As such, this paper focuses primarily on chapter 11 of the Code, which provides for the reorganization or orderly liquidation of a debtor. Understanding each party’s rights is the backdrop for a potential workout between a lender and borrower, as it clarifies each party’s options inside and outside of an incourt process.

This Paper was originally presented at the 14th Annual Advanced Real Estate Strategies Course, hosted by the State Bar of Texas on December 10-11, 2020. The Article includes real estate topics on Bad-Faith Filings, Turnover, Mortgagee’s Use of Cash Collateral, Single-Asset Real Estate, Automatic Stay and Chapter 11 Plans.