It’s common knowledge that the real estate markets have been roiled by rising interest rates and ongoing political uncertainties. Less known is how the real estate investor can take advantage of these headwinds to find distressed deals. The Bankruptcy Code is designed to facilitate the sale of assets. The Bankruptcy Code provides a method for assets to be sold “free and clear” of liens and claims so long as any creditor with a lien on the asset to be sold is paid in full, the lien is in bona fide dispute or the secured creditor consents to the sale.

However, there is no efficient market for the sale of bankruptcy assets, and inefficient markets yield a transactional drag that can potentially dampen the ability of debtors and trustees to maximize value for creditors. For instance, I often identify bankruptcy asset sales for my investor clients who may not be aware of such opportunities. This article identifies ways in which investors may more easily discover bankruptcy asset sales.