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Utilizing the Bankruptcy Code to restructure real estate assets has always presented unique challenges for bankruptcy lawyers. When the peculiarities of real estate financing collide with the Bankruptcy Code, the results can be unpleasant. But, current economic conditions are pushing more real estate assets towards bankruptcy due to weak markets that have kept property values below the levels needed to support their current debt. Meanwhile, courts have been eliminating some of the bankruptcy techniques that real estate debtors have historically used to cram down their debt to match asset values. Despite their individual significance, the confluence of these trends is not likely to have an immediate impact on the dynamics of real estate Chapter 11 cases.

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