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Workouts & Remedies



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Workouts & Remedies

Overview


Contact: Marc Young

Many of our clients have been faced with the challenges of restructuring and liquidating troubled real estate projects and investments. Because of our historic representation of a substantial number of lenders and our ongoing work with debt and equity investors in the United States and overseas, we are able to assist clients in designing and implementing solutions to the unique array of problems encountered in dealing with troubled real estate assets.

We offer our clients the expertise and resources that are necessary to conclude a successful restructuring or, if necessary, the timely pursuit of legal remedies for troubled projects. Our experience includes restructurings, debt and equity transfers and remedies, including with regard to assets in bankruptcy. The attorneys in our Real Estate Group have extensive experience with the appointment of receivers, perfecting assignments of rents, foreclosure proceedings and other asset preservation procedures around the country. Our real estate attorneys are recognized as experts in California’s unusually complex mortgagor protection laws. Our representation in these areas has involved the full range of real estate product types, including office, commercial, industrial, multi-family, and hospitality properties.

Attorneys in our Real Estate Group work closely with lawyers in the firm’s Bankruptcy and Restructuring Practice Group and Litigation Department in support of our clients’ interests. We regularly work with attorneys in our Bankruptcy Group in advising our clients regarding both the litigation and transactional aspects of bankruptcy. We work closely with members of the firm’s Litigation Department in obtaining appropriate remedies and in advising our clients regarding potential liability issues in workout situations.

Representative Matters

Represent a major special servicer in its West Coast real estate portfolio servicing operations (including loan modifications, loan restructurings, foreclosures, and receiverships).

Represented a major Japanese bank in restructuring a $132 million construction loan to a partnership comprised of two Japanese industrial companies and a California developer for the development of a commercial office building and hotel complex in Southern California.

Represented the lead lender in connection with the workout, and eventual deed-in-lieu of foreclosure, for a $50 million mixed-use development, including negotiations with 13 participants, negotiations with the general contractor, subcontractors, and bonding company, and eventual sale of the project.