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May
7 • 2008
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Why does my lender require a bankruptcy-remote, separate entity?

“Special purpose entities” (SPEs) are used to minimize a lender’s risk of the borrower filing a bankruptcy petition. The lender wants to avoid the situation where a performing loan and property becomes entangled in a Chapter 11 proceeding involving other non-performing loans or properties, simply because multiple properties are owned by a single entity.