Is a By-the-Hour Motel a Single Asset Real Estate for Chapter 11 Purposes? | Pillsbury – Gravel2Gavel Construction & Real Estate Law

Single asset actual property (SARE) is a singular classification beneath the Chapter Code with implications for each debtors and lenders. SARE classification is clear for a property similar to a shopping mall, house complicated or workplace constructing the place the debtor’s revenue is generated solely from actual property operations, however is much less obvious for a hospitality property the place the debtor could present incidental companies. Though a full-service resort with a pool, health heart and restaurant just isn’t a SARE property, latest tendencies point out that even hourly motels providing little-to-no onsite facilities could not qualify for SARE classification. As a result of SARE classification is seen as offering lenders with distinct benefits in a chapter 11 case, property homeowners looking for chapter 11 safety to reorganize usually attempt to keep away from that classification, whereas lenders search to impose it by typically expensive litigation.

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