TYPICAL CLIENTS OF THE FIRM

• A public company (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 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.

• An individual with a significant net worth incurs a multi-million dollar adverse state court judgment for fraud in a case he was advised he ‘could not lose.’  The firm aggressively defends a nondischargeability action in the Bankruptcy Court that results in a summary judgment in the client’s favor.

• 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 FOLLOWING TYPES OF CLIENTS

• A client has seemingly impossible financial problems.  The orientation of the firm is to solve problems through negotiation, with the Bankruptcy Court as a final line of defense.

• A client has tax ‘Basis Problems’ involving multi-family real estate.  The firm has experience in pursuing creative solutions.

• A client senses difficulties on the horizon with its lender due to a sale of the financial institution and the accompanying change of employees and business philosophy.

• A client has potential bankruptcy dischargeability (fraud) issues arising at various stages:  pre-litigation, during litigation and post-judgment.

• A client is a private lender, continually stalled by its borrower, that is tired of a steady stream of broken promises.  The firm has experience in dealing with problem borrowers.

• A client wants to purchase specific assets out of an identified Chapter 11 case.

• A client wants to purchase a specific asset type in a bankruptcy or distressed sale context.  The firm can locate an appropriate selling entity through its network of bankruptcy attorneys, accountants and related professionals.

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