Newsletter
Distressed Investments Opportunity Bulletin - Issue 22
DISTRESSED OPPORTUNITY BULLETIN
Ice Miller launched its Distressed Investment Group ("DIG") to identify and facilitate distressed investment opportunities and assist clients through creative and strategic acquisitions and investments in bankruptcies, in-court restructurings, out-of-court restructurings and other insolvency-related transactions.
DIG is comprised of some of Ice Miller's most experienced and entrepreneurial bankruptcy, corporate restructuring, finance, real estate, mergers and acquisitions, corporate and tax attorneys. Its members have significant experience advising clients on loan-to-own strategies, debt and equity sales and restructurings, recapitalizations, note purchase loans, debtor-in-possession and exit financings, claims trading, distressed real estate acquisitions, section 363 sales, rescue capital deployment, and other insolvency-related and special situations transactions in the context of chapter 11 cases and proceedings, defaulted-loan litigation, workouts, foreclosures, deeds in lieu of foreclosure, Article 9 sales, assignments for the benefit of creditors, and receiverships.
DIG’s members regularly advise investment funds, private and institutional investors, lenders, private equity firms, operators and other interested parties in all aspects of strategic distressed investing and related transactions. Its members frequently serve as bond counsel, issuer's counsel, bank counsel, and underwriter's counsel in a variety of taxable and tax-exempt municipal financings involving hospitals, health systems, senior living providers, single- and multi-family housing projects, airports, 501(c)(3) organizations, state and local governmental issuers and municipal power agencies.
DIG’s members also have significant experience representing private and institutional investors, including private equity real estate funds and REITs, developers and operators in the acquisition, redevelopment and operation of distressed real estate across various asset classes.
To learn more about DIG or any opportunities listed in this Bulletin or, if you have any opportunities you’d like us to share in our next Bulletin, please visit our webpage or contact any of our DIG members.
Opportunities in the Distressed Market
Please click the chart below to download a full PDF of currently available distressed investment opportunities.
DIG in the News
The Corporate Transparency Act: A Brief Overview
Beginning on January 1, 2024, many legal entities in the United States now have to report to the federal government information about their beneficial owners—i.e., the individuals who ultimately own or control the company through the Corporate Transparency Act. The information will be stored in a secure nonpublic federal government database. Here are the key takeaways for you and your business.
The Corporate Transparency Act: Real Estate Considerations
The Corporate Transparency Act (CTA) went into effect January 1, 2024, and rules were recently released that require many companies to report their beneficial owners to FinCEN. For real estate companies, this means many joint ventures, syndications, and single-purpose entities (SPEs) created for real estate deals will need to report to the federal government on who owns or controls more than 25 percent of the ownership interests of those companies to the federal government. This obligation is not unlike what is currently required by lenders for certificates of beneficial ownership under existing Know Your Customer (KYC) policies and, over time, we anticipate this reporting obligation will become a matter of organizational routine. However, the CTA creates an immediate burden/obligation by requiring such filings for all companies already in existence (all of which must be filed by January 1, 2025), and, for companies formed after January 1, 2024, within 90 days after the company is created or registered. For all companies formed in 2025, the time period to report will be 30 days after the new company is created or registered.
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