I recently attended the Kayo Women’s Credit & Debt Finance Summit in Boston, Massachusetts. What that summit revealed was a number of financing trend insights that JMBM is starting to see as well. Below, we want to share highlights raised at the summit, many of which match our own observations in the deal marketplace, with […]
An article by Ben Young titled “Alternatives to Bankruptcy: What Should Business Owners Know?” was published by West Coast Industrial Solutions on October 9, 2020.
Ben Young appeared in the CBS KPIX Channel 5 news story “Brockovich Joins Wildfire Survivors To Demand California Halt PG&E Bankruptcy” on January 22nd, 2019.
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 […]
Ben Young’s article, “Double Bogie: Bank’s Security Interest in Green Fees Cut Off by Club’s Bankruptcy,” was published by Jim Butler’s Hotel Law Blog, and picked up by Hotel Online and Hospitality Net.
A good workout professional also knows how to help the Bank make loans that are properly structured. Many of the “sad” stories we have recently experienced were the result of a huge decrease in property values, but several arose out of mistakes made in underwriting and structuring loans. Well-run institutions are taking care to be […]
Not every startup succeeds. Most persistent entrepreneurs eventually find themselves with a business that is failing or going nowhere. There’s lots of advice about starting a new business and navigating a great exit. People don’t like to talk about less successful endings. In the article, Is your startup failing? Here’s how to exit gracefully, Ben […]
Assignments for the Benefit of Creditors are an often overlooked procedure for liquidating a company. A good way to understand ABCs is to think of them as an out of Court Chapter 7 case. Creditors – both secured and unsecured – and debtors turn to ABCs when a company (or its assets) need to be […]
Unless you are a specialized lender who makes loans to debtors-in-possession, you do not make a loan with the expectation that your borrower is going to file bankruptcy. Although the number of bankruptcy filings in California and nationally is trending slightly lower, filings remain at higher than normal levels. Nearly every lender has received the […]
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 […]