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Many lenders are not very familiar with creditors’ plans, which can be a useful tool to break through a logjam in a Chapter 11 bankruptcy case. JMBM Special Assets Team members and expert creditors’ rights attorneys, Bob Kaplan and Nick De Lancie, are veterans at crafting and confirming creditor’s plans in tough cases. Bob and […]
21st century bankruptcy laws don’t always fit the bill. Often, there are better, more efficient and less costly means of reorganizing operating companies and restructuring or enforcing debt obligations. On Thursday, August 12, I will be moderating an panel of experienced workout professionals in a program entitled, “Techniques for Handling Troubled Companies Outside of Bankruptcy.” […]
There is so much more to a workout than just drafting legal documents. My partner, Barry Freeman, recently published an outstanding article about the psychology of a workout in the esteemed Daily Journal. He describes the importance of understanding a borrower’s perspective, who is likely to be in denial and frustrated about the problems his […]
As promised, here are the Rules of the Court governing receivership: Rule 3.1175. Ex parte application for appointment of receiver (a) Application In addition to any other matters supporting an application for the ex parte appointment of a receiver, the applicant must show in detail by verified complaint or declaration: (1) The nature of the […]
I’ve given the Receivership 101 program many times, and it always generates an enthusiastic turnout. We figured our large conference room here at JMBM could handle the event, but the response was so great that we sold out almost immediately. Due to popular demand, the Bay Area Chapter of the California Receivers Forum decided to […]
The JMBM Special Assets Team™ is looking for a 2-3 year junior litigation associate for our commercial creditors rights practice based in San Francisco’s Financial District. The successful candidate will have excellent law school credentials, some courtroom and deposition experience and be capable of preparing pleadings and motions. Bankruptcy experience is desirable but not required. […]
You’ve gotten a judgment against that troublesome borrower who hides assets and plays games, but you are afraid that it will be many moons before you are able to collect. You know that one of the best ways to get this kind of person to deal with you is to get a statewide judgment lien […]
From time to time, the JMBM Special Assets Team™ members make speeches, appear on panels and present webinars about topics of interest to workout professionals. These programs are a great opportunity for workout professionals to ask questions, keep up to date and to network. The Special Assets Lawyer Blog features a “Programs & Events” button […]
The information and materials made available on this website have been prepared by Jeffer, Mangels, Butler & Mitchell LLP (JMBM) for general informational purposes only and should not be construed as legal advice on any subject matter, or to answer specific legal problems you may have. While we try to ensure the accuracy of the […]
Under California’s foreclosure law, three months must pass after recording a Notice of Default before the creditor can instruct the Trustee to sell the property. While California law requires only 20 days notice before the foreclosure sale, lenders typically instruct the foreclosure company to give 25 days notice, as this is what IRS requires for […]
