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Understanding UCC and UCC Foreclosure, Part I

Part I


Joel Berman, Partner, Jeffer Mangels Butler & Mitchell LLP


Joel Berman is a partner in the Los Angeles office of Jeffer Mangels Butler & Mitchell LLP.


Joel Berman's practice, spanning nearly 30 years, includes general business, corporate and commercial law.


Joel assists business owner clients in preparing for, implementing and completing sales and other capital events, such as equity capital raises and borrowings.


As co-chair of the Financial Services Group, Joel is a discerning specialist in secured transactions with an emphasis on asset-based lending, creditors' remedies and loan workouts. In addition, Joel has extensive experience representing all types of lenders and also represents parties in structuring and implementing mergers and acquisitions.


Joel's work principally involves acting as general and strategic counsel for small- and middle- market companies; negotiating stock and asset acquisitions; structuring and documenting all elements of financial transactions, including revolving and term loan agreements, subordinated and senior debt transactions, syndicated transactions, leveraged buyouts, loans secured by all types of collateral, agency, participation and intercreditor agreements, equipment leases and letter of credit facilities; and exercising all forms of creditor's remedies.


In addition to his transactional experience, Joel has extensive experience in conducting and supervising commercial litigation in the state and bankruptcy courts. Joel has been the lead attorney in charge of workouts involving personal property, real property, mixed collateral and unsecured loans for national banks, community banks, mortgage companies, financial institutions, manufacturers and other business entities.


Joel is a graduate of Harvard College and Harvard Law School and is a Fellow of the American College of Commercial Finance Lawyers.



William Schoenholz, Shareholder, Buchalter Nemer


William Schoenholz is a Shareholder in the firm’s Bank and Finance Practice Group, a member of the firm’s Board of Directors and the Marketing Committee Board Liaison. He has extensive experience in complex domestic and international financing transactions, representing banks, commercial finance companies, funds and other institutional investors. He has structured, negotiated, and documented a wide variety of financing arrangements ranging from acquisition financing (including leverage buyouts and the financing of tender offers), bridge financing, and working capital financing. These transactions typically involve multi-facility secured credit arrangements that often include multiple borrowers and cross-border elements. Mr. Schoenholz also has considerable experience representing agents in syndicated and club loan transactions and in negotiating and documenting various inter-creditor arrangements. In addition to Mr. Schoenholz’s “front-end” practice, he often represents lenders in workouts and forbearance arrangements. In connection with this, he has substantial experience in private and public foreclosure sales, as well as strict foreclosures, under the Uniform Commercial Code.


Mr. Schoenholz is a member of both the Financial Lawyers Conference and the Business Law Section of the California State Bar. He is recognized by Chambers USA: America's Leading Lawyers for Business as a leading individual in Banking & Finance.