- A privately held corporation (manufacturing — $20mm annual sales) is in a non-monetary loan default status with its secured lender. To prevent a disastrous liquidation at the hands of a state court receiver, the firm files a Chapter 11 on the client’s behalf. The secured lender is ‘taken out’ by a new lender and the Bankruptcy Court confirms a Chapter 11 plan within 11 months of the initial filing of the case.
- A single asset real estate limited partnership owns a ‘trophy’ property and has never missed a payment on its five year loan. Prior to loan maturity, the lender sells the loan to a ‘vulture fund’ that refuses to renew the loan and thereafter initiates foreclosure proceedings. A voluntary Chapter 11 is filed and the firm prepares a ‘cram down’ plan on the client’s behalf leading to an advantageous settlement for the client on the Courthouse steps.
- A single asset real estate limited liability company owns a property and the loan has matured. A voluntary Chapter 11 is filed and a ‘cram down’ plan is confirmed with a new ten (10) year loan at an interest rate substantially less than the rate for the loan that had matured.
- A single asset real estate limited partnership with three high net worth individual general partners owns income property worth substantially less than the secured debt. The lender seeks a substantial deficiency judgment against the general partners via a judicial foreclosure lawsuit. The firm files a Chapter 11 on behalf of the partnership client. The lender ultimately accepts a ‘short sale’ and dismisses the judicial foreclosure action.
- A client acquires several commercial real estate leases from a Chapter 11 debtor. The leases are (i) below market, (ii) in well-established locations and (iii) fit into the client’s expansion plans for its retail operations in Southern California.
- A private lender holds a substantial note secured by a deed of trust on undeveloped real estate that it had previously sold to a developer. The loan is in default and the developer files Chapter 11. The Bankruptcy Court denies confirmation of a ‘cram down’ plan after a lengthy trial. The firm thereafter negotiates an advantageous loan restructure on behalf of the private lender client.
The Firm’s Expertise Benefits the Client
- A client has seemingly impossible financial problems. The orientation of the firm is to solve problems through experienced negotiation, with the Bankruptcy Court as a final line of defense.
- A client senses difficulties on the horizon with its lender due to a sale or takeover of the financial institution and the accompanying change of employees and business philosophy.
Certain descriptions of past results and individual lawyer biographies on this website describe past matters handled for clients of the Firm. These descriptions are meant only to provide information to the public about the activities and experience of our lawyers. We do not intent to suggest or guarantee that the same or similar results can be obtained in every matter undertaken by our lawyers. You must not assume that a similar result can be obtained in a legal matter of interest to you. The outcome of any case depends upon a variety of factors, including, but not limited to, the specific facts, applicable law, the presiding judge, the jury, and the ability of opposing counsel.