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’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.
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