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Over the past year, in this column, we have examined several different issues related to troubled real estate loans, primarily in connection with borrower defaults and lender remedies. The credit crisis, however, has affected mortgagees as well as mortgagors. If, in the context of a participated, syndicated, tranched or senior/junior loan structure, one of the lenders were to file a petition for relief under the Bankruptcy Code,1 the automatic stay afforded such lender could have material consequences to the other lenders, especially in a circumstance where the loan or underlying collateral was itself troubled. As banks and other financial institutions fail, the issue of lender bankruptcy has become more prevalent in the finance industry.

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