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The firm’s Bankruptcy, Restructuring, and Creditors’ Rights Practice Group works with debtors, banks and other lending institutions, pension funds, insurance companies, developers, investors, landlords, and private equity funds on loan work-outs and modifications, restructurings, bankruptcy alternatives, reorganization, capital infusion, and strategic and development alternatives for obligations in all stages of distress.
Our attorneys routinely negotiate and document loan workouts, forbearance agreements, loan modification agreements, deeds in lieu of foreclosure, and the sale of distressed assets, including short sales. Using the resources of attorneys throughout the Firm, we regularly represent debtors as well as lending institutions in the purchase and sale of defaulted or distressed loans to investors. We have been involved in the restructuring of all types of real estate loans, including commercial mortgage loans, construction loans, bridge loans, mezzanine loans, and preferred equity investments. Firm attorneys also have been involved in a wide range of commercial loan restructurings, including lines of credit, intercreditor agreements, CMBS portfolio defaults, mortgage loan workouts, mezzanine loan restructurings, tax-exempt bond restructurings, and non-performing mortgage loan portfolios.
There are occasions when workouts are neither practical nor viable. Then we guide clients through receiverships, foreclosures, assignments for the benefit of creditors (a/k/a ABCs), and Chapter 7 or Chapter 11 bankruptcies.