Creditors' Rights

Breadth and depth that delivers solutions

The Firm's Creditors' Rights Group is distinguished by its breadth of experience in a practice that encompasses a wide range of specialties. Current clients range from several of the world's largest financial institutions to new community banks, as well as every type of new business entity.

JMM's attorneys understand the business of banking. The Firm's attorneys have far-reaching experience in representing banks, trust companies, savings institutions, asset-based lenders, factors, commercial finance lenders, conduit lenders, consumer finance companies, mortgage bankers, credit card servicers, leasing companies, public accounting firms, special servicers and other financial service providers. The Group's attorneys document, restructure and enforce hundreds of millions of dollars of commercial and real estate loans each year.

JMM's Creditors' Rights Group attorneys have great expertise in commercial and real estate lending, both secured and unsecured. In addition to structuring and documenting all elements of financial transactions, the Firm frequently handles workouts, restructurings, assignments for the benefit of creditors, bankruptcy cases and state and federal court lawsuits, often involving receiverships, injunctions, repossession of collateral and attachments. Our Bankruptcy 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 Firm defends lender liability cases, is expert in agribusiness transactions, understands the business of leasing and feels at home in complex securitized or syndicated credits.

Prosecution and defense of complex federal and state court litigation and appeals relating to loan enforcement, commercial law, lender liability claims, fraudulent business schemes and fraudulent transfers
Restructuring and workouts of troubled loans, both secured and unsecured
Problem solving in one-action and security-first rules and anti-deficiency statutes
Problem solving with respect to personal property liens and collateral, including Article 8 and Revised Article 9 of the UCC and agricultural liens
Judicial and non-judicial foreclosures
Major workouts and Chapter 11 reorganizations including income-producing properties such as hotels, commercial or industrial centers, office buildings, apartment complexes, technology and agribusiness
Protecting cash collateral
Obtaining relief from stay
Obtaining receivers to enforce rights of secured creditors
Defense of preference and fraudulent transfer avoidance actions
Negotiating and consummating the acquisition of assets from bankruptcy estates
Structuring settlements to minimize the impact of a subsequent bankruptcy filing
Preparing and defending objections to proofs of claim
Creditors' plans in bankruptcy
Creditors' committee representation
Reclamation claims

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 successfully defends a lender against a borrower/guarantor seeking to set aside guarantees and deeds of trust on real property securing commercial loans JMBM successfully defended a lender after a week-long trial against a borrower/guarantor seeking to set aside guarantees and deeds of trust on real property securing commercial loans based upon allegations of fraud and mutual mistake. The lender was represented by Richard A. Rogan.
For ORIX Capital Markets, LLC: JMBM successfully confirmed a Creditor's Plan of Reorganization and defeated Debtor's Plan of Reorganization in a Chapter 11 case filed by a hotel located in the Monterey Peninsula JMBM represented ORIX Capital Markets, LLC in confirming a Creditor's Plan of Reorganization and defeating the Debtor's Plan of Reorganization in a Chapter 11 case filed by a hotel located in the Monterey Peninsula so that a liquidating agent could be appointed to sell the hotel at an auction sale. Robert B. Kaplan represented ORIX […]
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 […]