- Dick Rogan to Speak at SAMA Conference
- Can a Plan of Reorganization Separately Classify a Claim That Is Personally Guaranteed?
- Lenders: Beware of the Arizona "Two-Dollar Bankruptcy"
- Double Bogie: Bank's Security Interest in Green Fees Cut Off by Club's Bankruptcy
- Must an Assignee for the Benefit of Creditors Give Notice to Creditors Before Selling the Assignor's Assets?
- Foreclosing on an Assisted Living Facility: What is the lender's role? Who is responsible for patients?
- Bankruptcy lawyers in the limelight?
- Hidden Liens - ERISA liens arising under 29 U.S.C. Section 1368
- Lenders Beware: Read your guaranty carefully for technicalities that could leave you unprotected
- The Dos and Don'ts of Lender Liability - SAMA Program in San Francisco
- It's as Easy as "ABC" -- Assignments for the Benefit of Creditors
- JMBM Welcomes Insolvency Lawyer, Bennett G. Young
- Don't Create A Liability When You Sell A Loan
- Why It Is Important For A Lender To File A Proof Of Claim
- SAMA Comes to Northern California
- California Court Decision Threatens to End Receiver's Sales of Real Property
- When Your Borrower Files Bankruptcy - A 10-Point Checklist
- Bank Lawyer: It's Important to Record the Trustee's Deed Promptly After Foreclosure
- Learn about Legal Issues Affecting California Banks - Attend California Bankers Association's Annual Bank Counsel Seminar from May 4-6
- Special Assets Lawyer Update: Lenders, make the most out of 2011 at Meet The Money® next week
- Successor Liability Law - Avoiding the Surprises of Successor Liability
- Short Sale Legislation Progress Report: Legislation To Correct Misguided Statute Enacted to Govern Short Sales
- "How to Get to the Top and Stay There: Becoming a Leader In Your Legal Department" Corporate Counsel Roundtable on March 8
- 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
- The Americans with Disabilities Act and your retail properties and services
- Happy New Year to Our Valued Readers
- Dick Rogan Appointed to Secretary of State Bar of California's Financial Institutions Committee
- Jeffer Mangels Butler & Marmaro LLP changes its name to Jeffer Mangels Butler & Mitchell LLP: Name partner Marc Marmaro appointed to Superior Court Judge and Tax Lawyer Burton Mitchell becomes name partner.
- Workout Panel- "Tools of the Trade: Techniques for Handling Troubled Companies Outside of Bankruptcy"
- Proof of Claim 101 -- What Is a Proof of Claim? What Is a Bar Date? What Information is Required to File a Proof of Claim?
- Special Assets Workout: The Psychology of a Workout
- Commercial Lending Lawyers Joel Berman and Barry Freeman to speak at the first annual Special Assets Management Association (SAMA) Conference
- Meet the Money® Premier Hotel Conference- hotel preferred conference room rate extended until April 30
- Guaranties 101: What is a Continuing Guaranty? What is the difference between a Guaranty of Payment and a Guaranty of Performance? Must a Guaranty have a Limit or Maximum Amount?
- Meet the Money®, the Premier Hotel Conference: May 3 to 5, 2010
- "Illuminating the Dark Side of the Bank During Challenging Times" - What Workout Professionals Do When A Troubled Credit Is Transferred Into Special Assets
- Chief Credit Officers at CBA Lenders Conference See Continued Weakness Ahead
- California Receivers Forum Program Set for March 18 in San Francisco; Victor Shum Celebrates 10th Anniversary With JMBM
- Bank Loan Workouts: What to Send to Your Counsel
- How Commercial Real Estate Borrowers Should Approach Their Lender: What to Do Before Defaulting (Part 5)
- How Commercial Real Estate Borrowers Should Approach Their Lender: What to Do Before Defaulting (Part 4)
- How Commercial Real Estate Borrowers Should Approach Their Lender: What to Do Before Defaulting (Part 3)
- How Commercial Real Estate Borrowers Should Approach Their Lender: What to Do Before Defaulting (Part 2)
- How Commercial Real Estate Borrowers Should Approach Their Lender: What to Do Before Defaulting (Part 1)
- 2010 Receivership Rules of the Court
- Receivership Statutes and Rules of the Court
- Special Assets Law--What is Judicial Reference?
- Foreclosure Notices of Sale Must Be Carefully Drafted - Or Unintended Consequences May Follow
- Receivership 101 program has been moved to a larger venue to accommodate the tremendous response!!
- Dick Rogan to Speak at California Bankers Association's Annual Lender Conference - "Illuminating the Dark Side of the Bank During Challenging Times"
- Amend the Borrower's Tax Return and Help Pay Back A Loan (Part 2) - Directing the Borrower's Tax Refund
- Dick Rogan to Present Receivership 101 for California Receivers Forum
- JMBM Special Assets Team™ Seeks Junior Litigation Associate
- Amend the Borrower's Tax Return and Help Pay Back A Loan - How NOLs Can Generate Cash That Can Be Used to Retire Debt
- Bankruptcy News--CAUTION: Attorneys' Fees Awarded To Debtor
- Ethical Lapse: Don't Abuse the Collateral
- Why It Is Important to Obtain and Serve an Order for Examination of a Judgment Debtor
- California Increases Homestead Exemptions
- How to Figure Monthly Interest Payments In Your Head
- On Bank Litigation--E-discovery (Part 4): Establishing a Data Assembly Process
- On Bank Litigation--E-discovery (Part 3): Creating a Data Map and Assembling a Discovery Response Team
- On Bank Litigation--E-discovery (Part 2): The Litigation Hold Process
- On Bank Litigation--E-discovery (Part 1): Record Retention and Compliance
- Update - California Now Allows Personal Property Judgment Liens to Be Extended For More Than Five Years
- Special Assets Lawyer.com: A Place Where Problem Loans and Troubled Debts Are The Topic of Discussion
- Deed In Lieu of Foreclosure: When to Look A Gift Horse in the Mouth
- Opportunity Buying--Purchasing Assets Before and After Bankruptcy
- Accepting Partial Payments After Default Without Waiver
- Programs & Events: Structured-Finance Asset Restructuring and Disposition
- Construction Lender Gets Snookered By 100% Release Price Provision
- Special Assets: The Frozen Fish Dealer Threatened to Pull the Plug, So We Sold the Loan
- Troubled Loans: Loans to Hotels Must Be Secured by Real and Personal Property
- Special Assets Law: How do lenders, manufacturers and investors preserve value, minimize loss and repurpose shuttered motor vehicle dealerships?
- Our Deals and Cases
- Problem Loans: Landlord's Waiver, a "Must" Document
- Credit Bidding at California Foreclosure Sales: What Foreclosing Commercial Real Estate Lenders Need to Know
- Commercial Foreclosures in California: Questions to Ask and Answer Before the Lender Forecloses
- Programs & Events
- Receivership 101--What you need to know now!
- Bank Litigation: California's New Elder Abuse Law is being Abused
- Bankruptcy: Section 363 Sales Must be Free & Clear of Liens in Bankruptcy
- Debtor in Possession Financing--Financing a Debtor after a Chapter 11 Filing
- Special Assets: Tricks of the Trade
- Commercial Loan Workouts: 10 Points to Developing A Loan Workout Strategy
- Special Assets Lawyer.com: A Place Where Problem Loans and Troubled Debts Are The Topic of Discussion
- Disclaimer
- The JMBM Special Assets Team™
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About the Authors
Dick Rogan
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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Robert Braun
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
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
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
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
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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Joseph N. Demko
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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Robert B. Kaplan
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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Martin H. Orlick
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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Contact Richard A. Rogan
at 415.398.8080
at 415.398.8080
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Recent Entries
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Must an Assignee for the Benefit of Creditors Give Notice to Creditors Before Selling the Assignor's Assets? Assignments for the benefit of creditors are a terrific...