Special Assets

Dick Rogan to Speak at SAMA Conference

I will be a panelist discussing “Specialized Loan Workouts” at the upcoming 4th Annual Special Assets Management Association conference to be held next week at the Santa Barbara Biltmore Hotel. My fellow panelists are the highly capable workout professional Cyndee Herles, Senior Vice President of Comerica Bank and hotel receiver Tim Post of Amber Hotels, […]


Can a Plan of Reorganization Separately Classify a Claim That Is Personally Guaranteed?

Recently, we’ve been seeing debtors try to confirm cram down plans of reorganization that are unfavorable to the secured creditor by “gerrymandering” the class of unsecured claims. The typical situation finds the secured creditor holding an undersecured loan. Under Section 506(a) of the Bankruptcy Code, the secured creditor’s claim is automatically bifurcated into a secured […]


Lenders: Beware of the Arizona “Two-Dollar Bankruptcy”

Recently, my partner, Matt Kenefick, obtained a large judgment here in California against an Arizona resident. The desert rat refused to pay up voluntarily, hiding behind Arizona’s unique and highly protective community property laws. The problem Matt faced was that only one spouse had been involved in the nefarious scheme to separate our client from […]

Bankruptcy lawyers in the limelight?

Quick! Name a celebrity bankruptcy lawyer! Drawing a blank? That’s because bankruptcy lawyers try hard to keep their clients out of the glare of publicity, and rarely comment on their clients’ matters. So, we were more than pleased when my partner, bankruptcy lawyer par excellence, Bob Kaplan, was featured in the recent Northern California Super […]


Hidden Liens – ERISA liens arising under 29 U.S.C. Section 1368

My partner, Guy Maisnik, is well-known as a fabulous real estate and hospitality law guru. Guy always seems to be closing an exciting deal for one of our good clients. Guy has been working on the Hidden Liens Project with the Commercial Transactions Committee of the Business Law Section of the State Bar of California, […]

The Dos and Don’ts of Lender Liability – SAMA Program in San Francisco

As many of you may know, I was asked to help launch the Northern California chapter of the Special Assets Management Association (SAMA), and I currently serve on its Event Planning Committee. SAMA is hosting a luncheon program on “The Dos and Don’ts of Lender Liability” on March 1st at the Hyatt Regency in San […]