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Real Estate Workouts and Restructuring

Thompson & Knight’s attorneys have decades of experience available to guide clients through a changing economic environment in the real estate industry. Our workout and restructuring attorneys draw upon the experience of attorneys from one of the largest and oldest real estate practice groups in Texas, the bankruptcy and trial groups, and when necessary, environmental and tax.

Overview

Thompson & Knight’s attorneys have decades of experience available to guide clients through a changing economic environment in the real estate industry. Our workout and restructuring attorneys draw upon the experience of attorneys from one of the largest and oldest real estate practice groups in Texas, the bankruptcy and trial groups, and when necessary, environmental and tax.

As a result of Thompson & Knight’s expertise in the real estate industry, our attorneys are acutely aware of the issues that may arise when dealing with a troubled real estate loan. Our multidisciplinary approach allows us to provide lenders, borrowers, contractors, and any other interested parties with the comprehensive legal analysis required during changing economic circumstances.

Our attorneys have served as lead counsel in thousands of loan origination and workout transactions (involving equity, debt, and related instruments) that have included senior, junior, and subordinated secured, unsecured, and mezzanine loan structures, A/B Note Splits, B-Notes, and every aspect of the commercial mortgage-backed securities (“CMBS”) and CLO markets. This further includes, but is not limited to, originations; negotiation of pooling and CMBS and CLO servicing agreements; and representation of master servicers, special servicers, and bondholders exercising Section 3.18 Fair Value Purchase Options and Clean-Up Call Options.

We have significant experience in all types of workout environments including, but not limited to, all types of borrower structures as well as judicial foreclosures, nonjudicial foreclosures, modifications, forbearances, extensions, A/B splits, pay/accrue structures, etc.

We also have significant experience in representing all types of creditors in Chapter 11 bankruptcies, including single-asset real estate cases (also including debtor-in-possession and exit financing structures involved therein); federal and state court receiverships throughout the United States; guarantor “carve-out” litigation; repurchase claim litigation; individual and portfolio loan sale and purchase transactions; securitizations of CMBS and CLO loan and derivative instruments; preferred equity structures, equity, and debt capitalization and recapitalization structures and related tax consequences; and acquisition, disposition, development, build-to-suit, synthetic lease, sale-leaseback, and §1031 tax deferred exchange transactions.

Ranked among the top six firms in Texas for Real Estate in Chambers USA 2019 by Chambers and Partners

National tier-one ranking in Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law in “Best Law Firms” 2019 by U.S. News-Best Lawyers®

Recognized as a “Recommended Litigation Firm” in Texas in Benchmark: Litigation, The Definitive Guide to America's Leading Firms and Attorneys