Building windows

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 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 […]

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. […]