Special Assets

Bankruptcy

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 […]

Bankruptcy

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

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 […]

Bankruptcy

When Your Borrower Files Bankruptcy – A 10-Point Checklist

This past quarter end once again reminded us that the economy remains weak and borrowers who have managed to hang on for the past three or four years are running out of staying power. The topic again arose – what to do when a borrower files bankruptcy? Faced with the prospect of throwing good money […]

Bankruptcy

For Creditors with Clients Filing Chapter 11- Commercial Finance Roundtable: A Creditor’s Plan – A Way Out of the Morass of a Single Asset Real Estate Bankruptcy Case

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 […]

The Americans with Disabilities Act and your retail properties and services

In addition to compliance with financial and securities regulations, financial institutions must also be mindful of laws and regulations affecting a financial institution’s responsibilities to disabled Americans. As a member of the State Bar of California’s Financial Institutions Committee, I have the opportunity to hear interesting speakers on timely issues directed toward general counsel, regulatory […]

Special Assets Law–What is Judicial Reference?

In 2005, the California Supreme Court overruled the practice of including waivers of the right to a trial by jury in commercial agreements and loan documents before a lawsuit has been filed. For many years, sophisticated commercial businesses and institutional lenders included a clause in their agreements providing that the parties waive the right to […]

JMBM Special Assets Team™ Seeks Junior Litigation Associate

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. […]