Weissberg and Associates is pleased to provide these informative essays by Ariel. Please check back often — we’re in the process of cataloging and posting additional articles! Click the article link to read online, or download a .pdf of the article.
These realities of today’s bankruptcy cases dictate that a business debtor must have resources to avail itself or oneself of the axiomatical protections of bankruptcy. One of those resources is a well-prepared, knowledgeable lawyer to handle the challenges facing a business debtor.
Real estate is a recurring and pervasive theme in bankruptcy, as is true in most contexts of business law. But in bankruptcy, there are additional important components that require the practitioner to meet the challenges of protecting and advancing a client’s rights, whether a debtor or a creditor
“There exists a different psychology between residential and commercial mortgagors and mortgagees. The Foreclosure process is different in the foreclosure of a commercial mortgages. Differences are found in the right of the mortgagee to possession, redemption and personal liability. A commercial mortgagor is likely to encounter a receiver. Guaranty Liability is an issue.”
This article describes crucial differences between residential and commercial foreclosure actions, such as the likelihood and procedure for appointing a receiver and the relationship amongst mortgagees and mechanics lien claimants. Also discussed in this article are real estate reorganizations in Chapter 11 bankruptcy cases.
“The best approach to litigating these causes of action, besides an aggressive, yet thoughtful attitude, is to analyze and evaluate the case as a dynamic, where change and the possibility for change is a constant. Remember, “what you don’t know” is what will bring harm to the case, and surprises in this type of litigation must be avoided at all costs if success is to be achieved.”
This article is meant to assist the practitioner in achieving success when evaluating and litigating causes of action against defendants in fraudulent conveyance and piercing the corporate veil litigation.
“…we are bombarded with “get-rich-quick” schemes in the media. In this modern electronic age of 24/7 where the separation between work and pleasure is blurred by constant demands for higher and more immediate productivity, the allure of these so-called business opportunities…is the modern “cry of the sirens”…The first step toward successfully investing in distressed real property is understanding the nature of the problems associated with the ownership, use or occupancy…”
A nuts and bolts approach to acquiring financially distressed real property, where the paradigm “homework-homework-homework” is the key to success.
“Originating and processing mortgage loan applications for the financially distressed customer can be frustrating. More often than not, these opportunities are not “tidy little packages.” But, with some simple problem solving, tenacity and, on occasion, teaming-up with a result-oriented and knowledgeable attorney, these loans can close with little more work than the conventional conforming loan.”
The distressed customer provides profitable business opportunities for Mortgage Professionals. This article explains how to reap those benefits.