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Mr. Minnick spends most of his time representing clients involved in problem situations as lenders, investors, joint ventures, landlords, suppliers or general creditors. He has represented lenders as agents, participants and syndicate members in multi-lender workouts as well as when they are the sole or primary source of credit to borrowers in problem situations in a wide variety of industries. He has represented investors and creditors of various types in dealing with the restructuring or recovery of obligations of problem companies. Mr. Minnick has represented buyers of assets and business operations from bankruptcy proceedings. He advises on the insolvency risks involved in acquisitions of troubled companies that are not in bankruptcy. He also advises commercial property owners in dealing with the bankruptcy risks and issues involving distressed tenants and purchasing properties in distressed situations. He is experienced in the pre-bankruptcy workout restructuring stages of matters as well as the litigation and bankruptcy proceedings for troubled companies. Mr. Minnick documents secured and unsecured loans, restructures them and, enforces and protects the lender’s or investor’s interests in litigation both in and out of bankruptcy court. He has represented foreign and domestic clients in financially troubled situations within the United States and internationally. Mr. Minnick has also advised directors regarding their obligations when their corporation is deemed to be in the zone of insolvency. He currently serves as the national practice section leader for the firm's Insolvency & Restructuring practice section.
Mr. Minnick served a three-year term on the Executive Committee of the Commercial Law and Bankruptcy Section of the Los Angeles County Bar Association. He also served for three years on the Uniform Commercial Code Committee of the California State Bar which deals with new commercial legislation in California. He is a member of the Commercial Financial Services Section of the Business Law Section of the American Bar Association and the Commercial Law and Bankruptcy Section of the Bar Association of San Francisco.
Mr. Minnick has been a speaker on commercial law and bankruptcy matters on numerous occasions. Examples include presentations to the Commercial Law and Bankruptcy Section of the Bar Association of San Francisco on recent U.S. Supreme Court cases regarding bankruptcy and on recent developments in buying assets out of a bankruptcy case, an ALI-ABA seminar in Washington, DC on strategies for troubled leveraged buyouts, a presentation at the annual meeting of the American Bar Association to the Commercial Financial Services Section on legal problems affecting certain types of collateral, Practicing Law Institute annual seminars in San Francisco on recent developments in bankruptcy, presentation on dealing with the risks of insolvency in intellectual property licenses at an Insight Seminar on intellectual property matters, and California Continuing Education of the Bar programs on recent developments in commercial, bankruptcy and business law. In addition Mr. Minnick was one of the co-authors of the third edition of the Checklist for Secured Creditors published by the Financial Lawyers Conference of Southern California, a group for which he also served a term on its board of governors.
• Representation of the creditors' committee in the Hexcel Corporation Chapter 11 proceeding resulting in a 105% return for creditors of the publicly traded company.
• The representation of the agent for a lender group restructuring the obligations of a publicly traded health care company.
• The representation of the agent for a lender group in the bankruptcy of a publicly traded company involved in dealing with radioactive waste materials.
• The representation of the winning bidder for the United States operations of a bankrupt manufacturer in Houston, Texas.
• the representation of a large secured lender in the Chapter 11 of one of Hawaii’s largest sugar plantations.
Honors & Awards:
• 2011 Chambers USA, Bankruptcy/Restructuring—California (2007-2011)
• 2011 PLC Which Lawyer?, Restructuring & Insolvency—San Francisco & Silicon Valley (2010-2011)
• 2010 Super Lawyers (2004-2010)
United States Supreme Court, United States Court of Appeals for the Ninth Circuit, United States District Courts for the Northern District of California, Central District of California and Eastern District of California
Richard A. Rogan
Richard A. Rogan's practice emphasizes financial transactions, real estate, bankruptcy, insolvency, banking, corporate governance and commercial law. His clients include banks, financial institutions, conduit, asset-based and hard money lenders, investors, businesses, developers, hotels, receivers and creditors' committees.
Dick has significant experience in all phases of commercial and real estate finance, including formal and informal business credit structuring and reorganizations, loan documentation and structuring, banking, leasing, bankruptcy, insolvency, guarantees, real and personal property secured transactions, agricultural loans, commercial and real estate litigation, construction finance, dispute resolution and receiverships.
Read posts on timely topics regarding problem loans and troubled debts at SpecialAssetsLawyer.com or follow Dick Rogan, Chair of JMBM's Special Assets Team, on twitter.
• Provides strategic planning and counsel to lenders, borrowers and guarantors regarding corporate, real estate and bankruptcy law aspects of major acquisitions, workouts, bankruptcies, restructurings and liquidations
• Representation of agent of multi-lender shared commercial and real estate credits at all stages including origination, negotiation, mediation, restructuring prior to and in bankruptcy, and in litigation
• Counsel to creditors' committees in major high-tech company assignments for the benefit of creditors and Chapter 11 cases
• Out-of-court restructuring and liquidation of numerous large commercial and real estate credits, including multi-bank, agricultural, revenue bonds, REIT, CMBS and hospitality matters
• Broad experience in difficult receiverships, assignments for the benefit of creditors and other out-of-court insolvency matters
• Counsel to commercial banks on confidential and delicate credit and operations issues
• Frequent speaker to industry and legal groups on financial services, insolvency and receivership topics
• Co-chair, JMBM's Bankruptcy Department
• Co-Managing Partner, JMBM's San Francisco office, 2002-present
• Representation of major lenders in successful landmark appeals involving letters of credit and producer's liens
Education J.D., 1975, University of California, Hastings College of Law Editorial Review Board,Hastings Law Journal
A.B., 1972, with honors, Hamilton College
Practices Bankruptcy, Corporate, Creditors' Rights, Global Hospitality Group®, Real Estate,Distressed Assets & Real Estate, Secured Lender Defense
Industries Banking & Financial Services, Agribusiness, Beverage Alcohol Group
Associations • Director, Bay Area Chapter California Receivers Forum, 2001-present
• Bay Area Bankruptcy Forum
• San Francisco Bank Attorneys Association, 1975-present
• Member, Business Law Section, Committee on Business Bankruptcy , American Bar Association
• Member, Real Property, Probate and Trust Law Section, American Bar Association
• Vice-Chair, Business Law Section, Financial Institutions Committee, State Bar of California
• Member, Real Property Section, State Bar of California
• Bar Association of San Francisco—Commercial Law & Bankruptcy Section
• Named "Super Lawyer" in the "Northern California Super Lawyers," published by Law & Politics and San Francisco Magazine, 2005-11
• Recogized in Best Lawyers in America®, Bankruptcy, 2011
• Editorial Associate, Hastings Law Journal, 1973-1975
• Who's Who in America
• Martindale-Hubbell Peer Review, AV Rating
• Structured-Finance Asset Restructuring and Disposition webinar sponsored by Property Sciences, Sept 2009
• California Bankers Association, Bank Counsel Seminar
• JMBM Northern California Commercial Finance Roundtable
• TMA Distressed Real Estate Summit Conference, 2008
Bar Admissions State Bar of California 1975
U.S. Supreme Court 1980
U.S. Court of Appeals, Ninth Circuit 1975
U.S. District Court, Eastern District of California 1975
U.S. District Court, Northern District of California 1975
U.S. District Court, Central District of California
U.S. District Court, Southern District of California
JMBM Successes JMBM Distressed Dealer Task ForceJMBM successfully defends a lender against a borrower/guarantor seeking to set aside guarantees and deeds of trust on real property securing commercial loans
James B. Wright
James B. Wright is a founding San Francisco-office Shareholder, Co-Chair of the firm’s Litigation Practice Group and co-General Counsel to the firm. He is former Managing Partner of the San Francisco office and past member of the firm’s Executive Committee.
Mr. Wright's practice emphasizes commercial, general and financial institutions litigation in federal and state court. He has extensive litigation and trial experience in both jury and non-jury matters during his 36 years of practicing law in San Francisco. Mr. Wright has also engaged in extensive alternate dispute resolution proceedings, including mediation and arbitration, in which he has used creative negotiations and trial skills to bring successful resolutions to his clients' disputes. He uses litigation as one approach among many to finding creative business solutions for his clients.
Mr. Wright's published decisions include:
• Espresso Roma Corp. v. Bank of America, 100 Cal. App. 4th 525, 124 Cal. Rptr. 2d 549, 48 UCC Rep. Serv. 2d 265, 2 Cal. Daily Op. Serv. 6664, 2002 Daily Journal D.A.R. 8339 (Cal. App. 1 Dist., Jun 25, 2002) (No. A095229)
• Ford Motor Co. v. Superior Court, 41 Cal. Rptr. 2d 627, Previously published at: 35 Cal. App. 4th 997, (Cal. Rules of Court, Rules 976, 977, 979), (Cal. App. 1 Dist., June 12, 1995) (No. A066781)
• Bank of America v. Salinas Nissan, Inc., 207 Cal. App. 3d 260, 254, Cal. Rptr. 748 (Cal. App. 6 Dist., Jan 19, 1989) (No. H002283)
• First State Ins. Co. v. Callan Associates, Inc., 914 F. Supp. 369 (N.D. Cal., Feb 02, 1996) (No. C-94-2532 WDB)
Mr. Wright, selected a Northern California Super Lawyer for 2011, is a member of the California and San Francisco Bar Associations. He is also a member of the board of directors of AIMRRG, a non-profit professional liability risk retention group. He is a past member of the Audit Committee of the San Francisco Legal Aid Society, the oldest non-profit legal aid organization west of the Mississippi, and past president of the Belvedere Lagoon Property Owners Association, a private, non-profit association of homeowners in Marin County, California.
Mr. Wright earned his J.D. cum laude at the University Of San Francisco School Of Law in 1974 and he received his B.A. with high honors at the University of California, Santa Barbara. Following graduation from law school, he clerked for one year for the Honorable Ira A. Brown, Jr. in the law and motion department of the San Francisco Superior Court.
Areas of Practice
• Financial Institutions Litigation
• Real Estate Litigation
• Trade Secret Disputes
• U.S. District Court Northern District of California
• U.S. District Court Southern District of California
• U.S. District Court Eastern District of California
• U.S. District Court Central District of California
• U.S. Court of Appeals 9th Circuit
Curt Spaugh has over 25 years of experience in non-performing commercial real estate loan management. Prior to Situs, Mr. Spaugh held the position of Regional Director/Senior Vice President for the CMBS Special Servicing Division at Capmark Finance Inc. (formerly GMAC Commercial Mortgage). His previous professional experience included asset management for Citibank, Bay View Bank and American Savings and Loan Association. Mr. Spaugh’s experience covers all aspects of non-performing loan management including collateral valuation, alternative analyses, loan modifications, and the pursuit of legal remedies including judicial foreclosures and bankruptcy. Mr. Spaugh has worked in CMBS special servicing since 1997 and has extensive experience with pooling and servicing agreements, REMIC and the CMBS approval process.