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 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 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 […]
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.
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 […]
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 […]
JMBM represented Phoenix American Incorporated in a two-week trial obtaining a declaratory judgment that it was not the successor-in-interest to an acquired company and therefore was not liable for the company’s debts; successfully defended the cross-complaint that claimed the transfer of assets from the acquired company was a fraudulent transfer and that Phoenix American Incorporated […]
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 […]
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.