Creditors usually should file a proof of claim when the borrower files a bankruptcy case. In Chapter 7 cases where there are assets in the bankruptcy estate and in Chapter 11, 12 and 13 cases, the creditor should file a proof of claim. Here are some of the basics involved in preparing and filing proofs of claim.
There is so much more to a workout than just drafting legal documents. My partner, Barry Freeman, recently published an outstanding article about the psychology of a workout in the esteemed Daily Journal. He describes the importance of understanding a borrower's perspective, who is likely to be in denial and frustrated about the problems his business is experiencing and the difficulties he faces repaying his lender. Handling this sort of situation can be tricky, but Barry gives several good pointers about how to best play the workout "chess game". It is a must-read.
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Dick Rogan is a bank lawyer and Chair of JMBM's Special Assets Team—a group of experienced professionals who help bank professionals to find out what works when collecting and dealing with problem loans. He dedicates his time to financial transactions, real estate, bankruptcy, insolvency, banking, corporate governance and commercial law and is a seasoned professional in representing banks, special servicers, and private lenders. He was selected by his peers for inclusion in Best Lawyers in America® in the field of Bankruptcy (2012). For more information, contact Dick at (415) 398-8080 or RRogan@JMBM.com.
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Bob Braun is a corporate, finance and securities lawyer and member of the Special Assets Team who has represented many lenders in regulatory and other matters. Bob also represents clients in a variety of matters, including mergers, acquisitions, financing, franchising, licensing, joint ventures and strategic alliances, and other corporate transactions. In addition to regulatory matters, Bob's practice emphasizes new and emerging technologies, information technology, privacy and security, software development and licensing, and electronic commerce transactions. For more information, please contact Bob at (310) 785-5331 or RBraun@JMBM.com.
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Walter W. Gouldsbury III is a lawyer in the Firm's Bankruptcy and Creditors' Rights Groups as well as a member of the Special Assets Team—a group of experienced professionals who help bank workout professionals to find out what works when collecting and dealing with problem loans. He has represented banks, special servicers, and private lenders in dealing with distressed assets and real estate. For more information, please contact Walter at (415) 398-8080 or WGouldsbury@JMBM.com.
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Barry Freeman specializes in bank and asset-based lending, creditor rights and Article 9 of the UCC, and is a member of the Firm's Corporate and Bankruptcy Reorganization Group and JMBM's Special Assets Team. Barry's practice focuses on all aspects of secured and unsecured lending, banking, asset-based and unsecured lending, syndicated and participated credits, representing both agents, participants and line banks; workouts and restructurings; creditors rights; business bankruptcies; corporate reorganization; real estate; agricultural lending; and litigation counseling involving lender liability issues. For more information, please contact Barry at (310) 785-5367 or BFreeman@JMBM.com.
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David Poitras is a lawyer in the bankruptcy, reorganization, creditors' rights, and special assets teams at JMBM. For over 21 years, Mr. Poitras has specialized in representing companies and individuals in all areas of bankruptcy, receiverships, assignments for the benefit of creditors and out-of-court financial restructurings, throughout the United States. He has represented numerous financial institutions, private equity lenders, investment banks, public and private corporations, municipalities, limited liability companies, partnerships, and individuals across a wide expanse of industries. For more information, please contact David at (310) 201-3571 or DPoitras@JMBM.com.
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Stan Gibson is an experienced trial lawyer in the Discovery Technology Group, IP professional malpractice, intellectual property, litigation, and special assets teams at JMBM. He focuses on high-stakes cases including complicated technology cases and bet-the-company cases. With an aptitude for technology and patents, Stan has handled complex cases involving technology in the fields of computerized telescopes, automotive design, Internet search engines, exercise equipment and medical devices, among others. For more information, please contact Stan at (310) 201-3548 or SGibson@JMBM.com.
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Joe Demko is a partner and member of the JMBM Special Assets Team. Joe is an experienced trial lawyer who specializes in representing banks, lenders and financial institutions in complex commercial litigation involving creditors’ rights, lender liability, claims of fraud and real property secured transactions. Joe's recent trials and arbitrations have involved loan enforcement and fraudulent transfer claims as well as lender defense against claims for fraud, successor liability, breach of fiduciary duties, elder abuse and imposition of constructive and/or resulting trust on real property. In addition, Joe has extensive experience in representing lenders and special servicers in real property secured transactions and in cases involving California Commercial Code Articles 4, 9 and 10. For more information, please contact Joe at (415) 984-9676 or JDemko@JMBM.com.
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Bob Kaplan is a creditors’ rights lawyer, member of the Special Assets Team, and co-managing partner of JMBM’s San Francisco office. His practice of more than 32 years focuses primarily on creditors' rights and bankruptcy related matters. Bob has extensive experience representing special servicers appointed under securitized real estate loan transactions in judicial foreclosure and receivership actions, in post-default loan modifications/forbearance agreements, and in numerous single and multiple asset Chapter 11 bankruptcy cases. Additionally, Bob has defended special servicers in lender liability cases, including breach of contract and fraud claims, in State court, Federal court and bankruptcy court. For more information, contact Bob at (415) 398-8080 or at RKaplan@JMBM.com.
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Marty Orlick is a real estate lawyer and member of the Special Assets Team. He specializes in counseling and defending financial institutions in Americans with Disabilities Act (ADA) compliance. In his 30 years of experience, he has helped clients with more than 400 ADA cases including a number of class actions. Marty is also a member of the American College of Real Estate Lawyers (ACREL) and is a frequent speaker on the ADA and other topics.
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Guy Maisnik Guy Maisnik is a partner in JMBM's Real Estate Department and a member of JMBM's Global Hospitality Group®. Guy's deep and broad transactional practice includes complex real estate finance and venture capital transactions, including project finance, commercial finance, leveraged leasing and real estate acquisitions. He assists clients with development, leasing and disposition, loan portfolio acquisitions, loan and debt restructure, workouts and real estate exchanges. For more information, please contact Guy Maisnik at (310) 201-3588 or mgm@jmbm.com.
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Bennett G. Young Ben Young is a partner and a member of JMBM's Special Assets Team. For 30 years he has represented parties in insolvency matters, including bankruptcies, restructurings, receiverships, Chapter 11's and assignments for the benefit of creditors. He is a former Chair of the California State Bar's Insolvency Law Committee, is a past president of the Northern California Chapter of the Turnaround Management Association, and has been a member of the Bench-Bar Liaison Committee for the United States Bankruptcy Court for the Northern District of California and of the Board of Directors of the Bay Area Bankruptcy Forum. Contact Ben at 415.984.9626 or BYoung@jmbm.com.
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Matthew S. Kenefick Matthew Kenefick is a partner in the Litigation Department of Jeffer
Mangels Butler & Mitchell LLP. Resident in the Firm's San Francisco office, his practice extends to many areas, including commercial, business and real estate matters. Matt has experience in all aspects of litigation, including binding-arbitration, trial, appeal, settlement and alternative dispute resolution. Matt also advises retail clients on operational compliance matters. For more information, please contact Matt at 415.984.9677 or MKenefick@JMBM.com.
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