Closing the Door on Bankruptcy With Bankruptcy Remote Entities

Your bank client is ready and willing to lend funds as part of a commercial real estate transaction. However, the lender wants to protect against the risk that the borrower subsequently files for bankruptcy and is substantively consolidated with the borrower’s affiliates. You suggest using a bankruptcy remote entity.

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 Related Content

• Bankruptcy Remoteness in Securitization
  Read this practice note for a discussion of using a bankruptcy remote entity to acquire securitized assets.
• Borrower as a Single Purpose Entity
  Review this practice note for a discussion of a borrower as a single purpose entity.
• Non-Consolidation Opinion
  Use this form when drafting a non-consolidation opinion.
• True Sale Opinion
  Use this form when drafting a true sale opinion.

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