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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, […]

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 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 […]

JMBM Welcomes Insolvency Lawyer, Bennett G. Young

Jeffer Mangels Butler & Mitchell LLP (JMBM) is pleased to announce that Ben Young has joined the firm as a partner in the Bankruptcy Department. With more than 30 years of experience in insolvency matters, Ben provides a full range of bankruptcy, insolvency and restructuring expertise to his clients. He handles debt and equity restructuring, […]

Don’t Create A Liability When You Sell A Loan

These days, many institutional lenders are selling non-performing loans to financial and strategic buyers. The concept is usually sound because the selling institution can recover at least the amount at which the loan is carried on its books, often together with out-of-pocket fees and costs. The idea is simple: Get the loan off the books […]