Nicolas De Lancie

Nick De Lancie's practice of 40 years has concentrated on commercial credit and commercial real estate finance transactions, and on creditors' rights and bankruptcy matters.

Nick is a senior member of JMBM's Bankruptcy Group, which is recognized by U.S. News & World Report / Best Law Firms® with a Metropolitan First-Tier Ranking (San Francisco) for Bankruptcy Litigation and Bankruptcy and Creditor Rights/Insolvency and Reorganization Law.

Nick has substantial experience representing banks and other lenders, commercial creditors, and investors, and significant practice experience, in commercial and real estate finance and related areas, including loan structuring and documentation; loan syndications and participations; CMBS special servicing and other asset securitization matters (Regulation RR); letters of credit and other credit enhancements; hotel financings; mutual funds liquidity facilities; ESOP loans; power generation project financing; probate estate and trust matters; bank deposits and collections, negotiable instruments, and electronic funds transfers; merchant bank credit card matters; loan sales and other secondary market transactions; forward purchase agreements, interest rate, and other derivative transactions; troubled commercial credit, commercial real estate loan, public finance, and distressed debt investment transactions, and institutional failures, including restructuring negotiation, documentation, and advice; collection litigation, including foreclosure, receivership, and other prejudgment remedies; bankruptcy cases, including traditional commercial (Chapters 7 and 11), farmer (Chapter 12), and municipal (Chapter 9) cases, and relief from stay, cash collateral, post-petition lending, plan confirmation, and appeals; and lender liability defense.

Additionally, Nick has significant experience in corporate and partnership organization and governance matters; purchases and sales of businesses and other assets; general commercial contract matters, including sales, leases, services, licenses, intellectual property, and government contracts; and in real estate purchases and sales, leases, financings, contracts, construction, partition, eminent domain, environmental, and related matters.

• In-House Counsel for Bank of America, Eureka Federal Savings, Feshbach Brothers' Distressed Debt Investment Fund, and Receiver for the Peoples Temple
• Represented largest single creditor (bank municipal bond credit enhancer) in City of Vallejo Chapter 9 bankruptcy case
• Represented multiple CMBS special servicers in Kmart and Mervyn’s Chapter 11 cases
• Represented CMBS special servicer for three CMBS pools in work out of jointly held $265 million multi-state real estate portfolio loan secured by 35 fee and leasehold commercial real properties and eventual foreclosure of most of those properties
• Represented creditors’ committee in Beyond.com Chapter 11 case
• Represented bank in $120 million liquidity facility for large mutual fund issuer
• Represented bank in $27.5 million 26 commercial property real estate portfolio acquisition loan