This article was first published by the California Bankers Association. In January, 2016, Carlson Lynch Sweet & Kilpela (“CLSK”) sent hundreds of near-identical form letters to national retailers, hotels, restaurants, and other businesses, claiming that their internet-based services (retail websites) discriminate against persons who are visually disabled under the Americans with Disabilities Act (“ADA). The letters contend […]
Marty Orlick’s blog article from Hotel Law Blog, “Hotel Fights Back: Judge Dismisses High Frequency Litigant’s ADA Pool Lift Case” was republished on Hotel Online.
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 […]
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 […]
ADA Alert: New Regulations Now in Effect On July 23, 2010, the U.S. Attorney General signed into law important revisions to the Department of Justice’s (DOJ)Regulations implementing the Americans with Disabilities Act. The new regulations include substantial and far reaching revisions to the Americans with Disabilities Act Accessibility Guidelines (ADAAG), which are now known as […]
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. […]
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 […]
Robert B. Kaplan’s article entitled "Understand Workouts and Help Avoid Them: Get to Know the Extensive Steps Lenders Take When Working Out Troubled Loans," was published in the November 2007 issue of Scotsman Guide.
Jim Butler and Guy Maisnik authored the article, “Condo Hotel Workouts and Turnarounds: Opportunity for the Well-Informed,” which appears in the June 2007 issue of Commercial Mortgage Insight.