Results that maximize benefits and minimize losses
JMBM Bankruptcy, Insolvency and Restructuring Group
JMBM's Bankruptcy Group enjoys a solid national reputation in insolvency and bankruptcy practice, whether representing debtors, creditors, trustees, creditors’ committees or investors. The Group is recognized by U.S. News & World Report / Best Law Firms® with a Metropolitan First-Tier Ranking (San Francisco) for Bankruptcy Litigation, Bankruptcy and Creditor Rights/Insolvency and Reorganization Law. The JMBM Bankruptcy Group prides itself in fashioning innovative, yet practical, solutions to troubled credits and businesses, before and after filing bankruptcy. In complex Chapter 11 cases, the JMBM Bankruptcy Group represents debtors, trustees and committees, helps investors to acquire valuable assets out of bankruptcy and fashions creative remedies for creditors. The JMBM Bankruptcy Group knows how to get to the bottom of cases involving financial fraud, such as money laundering and fraud on partners and creditors.
Full spectrum of bankruptcy, insolvency and restructuring legal services
The JMBM Bankruptcy Group is distinguished by its broad-based experience in bankruptcy and insolvency law. Our bankruptcy attorneys are well known to the courts, counsel and experts in this tightly woven legal community. Whether a deal is in the process of being put together or is in danger of falling apart, JMBM's insolvency team is ready at a moment's notice.
Businesses, investors and lenders rely on JMBM’s unmatched expertise for practical results and solutions to bankruptcy and insolvency problems. JMBM's clients include financially troubled businesses, secured and unsecured creditors, financial institutions, special servicers, lessors and lessees, trustees and creditors’ committees on a variety of prebankruptcy workouts and complex bankruptcy reorganizations and liquidations.
The JMBM Bankruptcy Group regularly handles out-of-court debt and equity restructuring, complex workouts, assignments for the benefit of creditors, receiverships and foreclosures representing debtors, creditors, committees, assignees, receivers and investors. JMBM bankruptcy lawyers are equally at home in bankruptcy courts, Federal and state courts, arbitrations, mediations and judicial references.
The JMBM Bankruptcy Group places a special emphasis on prebankruptcy planning and strategy. JMBM bankruptcy lawyers apply a wealth of experience in credit matters to help businesses and lenders reach agreements to avoid costly and often unnecessary litigation, foreclosure or bankruptcy.
Out-of-court workouts: Restructuring real estate loans, commercial loans and investments
Often, borrowers, guarantors and creditors are best served by reaching out-of-court agreements. JMBM bankruptcy lawyers know how to negotiate from strength to reach deals that make sense and avoid litigation. JMBM has negotiated and prepared countless Restructured Credit Agreements and Forbearance Agreements. It takes special skills to match a troubled borrower’s limited ability to make payments with a lender’s need to restructure a credit that will pass muster with bank regulators and loan administrations. Care must be taken to minimize the impact of a possible bankruptcy case and to maximize the benefits that can be achieved in bankruptcy. JMBM lawyers have worked with Chief Credit Officers and Special Assets Departments from most major banks and regional banks, and are proud to count numerous independent banks, community banks and private lenders as our valued clients.
Restructuring distressed real estate loans
JMBM has a long history of successful results for clients faced with distressed real estate loans. The JMBM team knows how to move quickly to preserve assets, create a winning strategy and resolve problems, whether by negotiation, forbearance, litigation, receivership, bankruptcy or foreclosure.
Maximizing relief in bankruptcy court
Knowing the ropes is critical to getting a good result that achieves the client's goals. JMBM knows how to get plans of reorganization confirmed and how to negotiate for proper treatment in Chapter 11 plans of reorganization. The JMBM Bankruptcy Group has extensive experience in representing clients in Bankruptcy Court:
- Buying and Selling Assets in Bankruptcy Court
- Intellectual property sales and licenses
- Executory contracts
- Evaluating the bankruptcy implications of business and real estate transactions
- Leases in bankruptcy
- Relief from the automatic stay
- Negotiating, preparing and confirming Plans of Reorganization
- Negotiating, preparing and confirming creditor’s plans in Chapter 11 cases
- Cash collateral orders for debtors and creditors
- Debtor-in-possession financing for debtors and creditors
- Preference actions
- Fraudulent transfer actions
- Proofs of claim
- Objections to claims
- Creditors’ committees
- Estate administrators
Arbitration and Mediation Services
Not many practitioners realize that Bankruptcy Rule 9019(c) allows contested matters to be resolved by arbitration if the parties agree. We believe this provision is vastly underutilized, but can provide a more efficient resolution process than the courts. Some of JMBM's veteran bankruptcy attorneys are active participants, as neutrals, in 9019 BAM!, a private arbitration and mediation service for resolving complex bankruptcy and commercial disputes. Valuation disputes in particular lend themselves to resolution through mediation or by quick and decisive arbitration before an experienced bankruptcy lawyer. For more information about the benefits of this service, visit 9019BAM.com.
Buying and Selling Assets in Bankruptcy
The JMBM Bankruptcy Group has bought and sold billions of dollars' worth of real and personal property assets for our clients. We help clients to structure sales to maximize value. JMBM lawyers have sold real estate and personal property in bankruptcy sales, receiver’s sales, sales by assignees for the benefit of creditors, UCC sales, foreclosure sales and auction sales. Choosing the right sale procedure often makes the difference between paying off a loan in full and leaving money on the table. Choosing counsel who understand how sales are conducted in Bankruptcy Court is essential to a successful acquisition.
Intellectual property in bankruptcy
JMBM helps investors, licensees, lenders and debtors protect, sell and acquire valuable and essential IP interests.
Financial fraud, money laundering and embezzlement
JMBM's Bankruptcy Group knows how to get to the bottom of cases involving fraud against lenders and partners, money laundering and embezzlement and other matters that require detailed forensic investigation and analysis. Clients count on the JMBM Bankruptcy Group to plan and conduct forensic investigations and examinations to uncover complex schemes of fraud and diversion of funds, whether in sensitive negotiations, Bankruptcy Court, Federal Court or state courts.
Preferences and fraudulent transfer actions
JMBM guides clients through these difficult to understand issues. JMBM Bankruptcy lawyers know how to properly structure deals so that clients are not exposed to liability for avoidable preferences and fraudulent transfers. And when faced with transactions that have already been consummated, JMBM Bankruptcy lawyers know when and how to fight and when and how to settle.
Relief from automatic stay
Stay relief may make or break a bankruptcy case for debtors and creditors alike. JMBM has fought and won tough battles for clients in this fast-paced arena. JMBM successfully tried some of the first large single asset real estate stay relief battles, following the expansion of SARE to large real estate loans. Whether the stay relief battle is a major trial, with expert witnesses and hundreds of exhibits, or a simple process that needs to be professionally managed and completed, the JMBM Bankruptcy Group has the knowledge and experience to get the job done for clients.
Judicial foreclosure sales
Judicial foreclosure sales in California are rare, but JMBM lawyers have handled numerous judicial foreclosures. We know when to advise a client to pursue judicial foreclosure, how to obtain a judgment allowing judicial foreclosure, how to conduct the sale and how to obtain a deficiency judgment and collect it.
- For REMIC Trust: JMBM successfully defeated plan of reorganization Represented a REMIC Trust, the holder of an approximately $60 million securitized real estate loan secured by an office building in California, and successfully defeated multiple efforts made by the borrower in its Chapter 11 case to confirm a plan of reorganization over the objection of the Trust, successfully defeated two applications filed by the […]
- For a community bank: JMBM represented bank in judicial foreclosure action For a community bank : JMBM represented the bank in a judicial foreclosure action, for which we obtained a deficiency judgment against the defendant. Obstacles we overcame during the five years of litigation included a series of cross-complaints filed by the defendant and its refusal to testify based on assertions of the Fifth Amendment privilege. […]
- For a secured lender: JMBM represented lender in successful arbitration For a secured lender: JMBM represented the lender in a successful arbitration which secured the bank's right to foreclose on its collateral, which consisted of bonds. Attorneys' fees were also awarded.
- JMBM Distressed Dealer Task Force JMBM has drawn on its broad expertise representing motor vehicle manufacturers, secured lenders and real estate investors to create the JMBM Distressed Dealer Task Force. JMBM recognized the need for the Task Force after several partners were asked to represent clients' financial interests that were put at risk by failing vehicle, farm implement and marine […]
- Representative List of Distressed Assets and Real Estate Matters JMBM's Distressed Assets and Real Estate Group comprises a team of experienced finance, real estate, bankruptcy, tax and land use lawyers. Whether it is a solution to a problem or the response to an opportunity, we mobilize quickly to address the complex issues surrounding distressed real estate and other assets. To position our clients for […]
- For a securitized lender: JMBM managed the negotiation and sale of a $60 million mortgage loan to a third party JMBM partners represented a securitized lender acting by and through GMAC Commercial Mortgage Corporation as special servicer which was the holder of a $60 million loan secured by a Deed of Trust on the Clift Hotel located in San Francisco, in a Chapter 11 bankruptcy case filed by the Clift Hotel and in […]
- For CMR Commercial Mortgage Fund LLC: JMBM closes $25.5 million debtor-in-possession loan on mixed-use property in Las Vegas SAN FRANCISCO December 12, 2007 Jeffer, Mangels, Butler & Marmaro LLP (JMBM), one of California's foremost full-service law firms, today announced that on behalf of its client, CMR Commercial Mortgage Fund LLC, the Firm closed a $25.5 million loan to Nevada Towers, a Chapter 11 debtor-in-possession. The loan is secured by a first […]
- JMBM assists CMR Mortgage Fund LLC in closing a nearly $100 million loan to out-of-possession debtor in a Chapter 7 bankruptcy On behalf of its client, CMR Mortgage Fund, LLC (CMR), of San Francisco, California, Jeffer, Mangels, Butler & Marmaro LLP (JMBM), a California full-service law firm with expertise in complex real estate sales, financings, work-outs, and bankruptcies, has closed a nearly $100 million loan to Halekua Development Corporation (Halekua), an out-of-possession debtor in a Chapter […]