Workouts, Bankruptcies & Receiverships

Posted On: July 15, 2010 by the JMBM Global Hospitality Group®

Global Hospitality Advisor: National implications of the July 2010 Atlas Hospitality Group distressed hotels survey

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
15 July 2010

Hotel Lawyer with the latest information on hotel loan defaults, foreclosures, forebearances and distressed sales in California from the Atlas Hospitality Group.

Less than two weeks after the quarter's end, Atlas Hospitality has released its California Distressed Hotels Survey (2nd Quarter 2010).

Here is our executive summary of that report, our view of its national implications and what we think it means for owners, lenders and investors.

Continue reading " Global Hospitality Advisor: National implications of the July 2010 Atlas Hospitality Group distressed hotels survey " »

Posted In: Outlook and Trends , Workouts, Bankruptcies & Receiverships

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Posted On: May 5, 2010 by the JMBM Global Hospitality Group®

The Lenders Handbook for Troubled Hotels -- How to get a FREE copy . . .

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
05 May 2010

Sorry if you have already received this message, but for some reason we are getting a lot of emails and calls from people who have had trouble getting to The Lenders Handbook for Troubled Hotels . . . so we want to make it easier . . .Click on the graphic below to download the Handbook.

Hotel Lawyer with

The Lenders Handbook for Troubled Hotels

Troubled hotels? Hotel loan defaults? Distressed hotel assets? Hotel bankruptcies, receiverships, or workouts?

If you are dealing with the troubled hotel asset of any kind, The Lenders Handbook for Troubled Hotels will be an invaluable guide for you. This comprehensive, easy-to-read, 98-page book is FREE from the hotel lawyers at JMBM's Global Hospitality Group®.

Continue reading " The Lenders Handbook for Troubled Hotels -- How to get a FREE copy . . . " »

Posted In: Hotel Finance − Hotel Debt & Hotel Equity , Workouts, Bankruptcies & Receiverships

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Posted On: May 3, 2010 by the JMBM Global Hospitality Group®

Hotel workouts, hotel bankruptcies, hotel receiverships -- We wrote the book on troubled hotel assets: The Lenders Handbook for Troubled Hotels.

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
03 May 2010

The Lenders Handbook for Troubled Hotels
Lenders, special servicers, investors and receivers!

Are you aware of the full range of alternative strategies for dealing with troubled hotels? Does your lawyer provide you with analytical tools to help you identify, evaluate and select from a full range of options? Do you know how to recognize the crucial points where the wrong decision can give away more than half the value of a hotel?

We cover these critical issues -- and much more -- in our new, comprehensive, 98-page book, The Lenders Handbook for Troubled Hotels. Distilled from experts who have more than 1,000 bankruptcies, receiverships and workouts under their belts and more than 20 years of experience, you will find the handbook useful as a permanent resource that you can refer to time and again.

And you can get your copy for FREE! (see download link below)

Continue reading " Hotel workouts, hotel bankruptcies, hotel receiverships -- We wrote the book on troubled hotel assets: The Lenders Handbook for Troubled Hotels. " »

Posted In: Workouts, Bankruptcies & Receiverships

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Posted On: February 25, 2010 by the JMBM Global Hospitality Group®

Tranche Warfare: The coming litigation among stakeholders in CMBS Loans

By Jim Butler, Jeff Steiner and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
25 February 2010

Please see "troubled hotel loans - workouts, bankruptcies & receiverships" for the latest articles on troubled hotels.

CMBS loan delinquencies -- a problem growing every month at a staggering rate.

According to the Monthly Delinquency Report issued by Realpoint a few days ago, the total outstanding amount of CMBS (Commercial Mortgage Backed Securities) tracked by that firm is almost $800 billion, of which approximately $46 billion was delinquent in January 2010.

Continue reading " Tranche Warfare: The coming litigation among stakeholders in CMBS Loans " »

Posted In: Outlook and Trends , Workouts, Bankruptcies & Receiverships

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Posted On: February 7, 2010 by the JMBM Global Hospitality Group®

Hotel Lawyer: California foreclosure traps for unwary lenders: California's one action and anti-deficiency rules. What one top expert tells lenders about avoiding the pitfalls of foreclosing in California on hotels and other mixed collateral.

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
07 February 2010

Please see "troubled hotel loans - workouts, bankruptcies & receiverships" for the latest articles on troubled hotels.

Hotel Lawyer with tips for lenders on defaulted California mortgages. California now leads the nation in defaulted mortgages for hotels and commercial real estate. As lenders start to review their options, they must formulate asset plans that will avoid violating California's tricky one action and anti-deficiency rules, or they may be in for some nasty surprises.

Continue reading " Hotel Lawyer: California foreclosure traps for unwary lenders: California's one action and anti-deficiency rules. What one top expert tells lenders about avoiding the pitfalls of foreclosing in California on hotels and other mixed collateral. " »

Posted In: Workouts, Bankruptcies & Receiverships

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Posted On: February 1, 2010 by the JMBM Global Hospitality Group®

Atlas 2009 Year End Hotel Survey . . . and what it means

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
1 February 2010

Please see "troubled hotel loans - workouts, bankruptcies & receiverships" for the latest articles on troubled hotels.

Hotel Lawyers with grim reports from the field. If lenders are looking for some encouraging news on their distressed hotel asset sales prospects, they are not going to get it anytime soon. That is what the Atlas 2009 Year End Hotel Survey shows, but it does offer some valuable tips for dealing with continued distress in 2010.

Here is an executive summary.

Continue reading " Atlas 2009 Year End Hotel Survey . . . and what it means " »

Posted In: Global Financial Crisis & Recovery , Outlook and Trends , Workouts, Bankruptcies & Receiverships

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Posted On: January 31, 2010 by the JMBM Global Hospitality Group®

Hotel Lawyer: ALIS brings optimists to earth. Lenders make new evaluations. Realism is cold and gray.

By Jim Butler and the Global Hospitality Group®
Hospitality Lawyers | Authors of www.HotelLawBlog.com
31 January 2010

Hotel Lawyer: A new realism settles on the hotel industry. We've already given up 2010 and 2011 won't be that much better . . . then a long, slow "jobless recovery."

"Realism" was the defining word for the ALIS conference held in San Diego on January 25-27, 2010. ALIS attendance was roughly half or less of last year, and the experts officially declared 2009 one of the worst years for the hospitality industry. They have already thrown in the towel on the industry for 2010, and look to an anemic 2011, with double digit growth in RevPAR after that . . . but we are so far down the hole now, that even double digit RevPAR growth will take years to reclaim the levels enjoyed in 2005-2007.

So what does this portend for lenders? And what is the smart money doing now?

Continue reading " Hotel Lawyer: ALIS brings optimists to earth. Lenders make new evaluations. Realism is cold and gray. " »

Posted In: Global Financial Crisis & Recovery , Outlook and Trends , Workouts, Bankruptcies & Receiverships

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Posted On: October 1, 2009 by the JMBM Global Hospitality Group®

Hotel Lawyer: Distressed hotel investments -- Maximizing the value for Lenders, Borrowers and Investors

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
01 October 2009

Please see "troubled hotel loans - workouts, bankruptcies & receiverships" for the latest articles on troubled hotels.

Our national hotel practice focuses on being the legal and business advisors for lenders, borrowers and investors. With the hotel industry suffering a record-breaking collapse of revenues and no immediate relief in sight, everyone is starting to examine available options.

Continue reading " Hotel Lawyer: Distressed hotel investments -- Maximizing the value for Lenders, Borrowers and Investors " »

Posted In: Workouts, Bankruptcies & Receiverships

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Posted On: September 1, 2009 by the JMBM Global Hospitality Group®

The Hotel Owner's and Hotel Lender's Dilemma: Sell now or sell later? How long does it take to market a hotel today?

By Jim Butler and the Global Hospitality Group®
Hospitality Lawyers | Authors of www.HotelLawBlog.com
1 September 2009

This is one of many articles on the subject of "troubled hotel loans - workouts, bankruptcies & receiverships" in the rich library at www.HotelLawBlog.com.

Do the math yourself! Run a present value analysis of likely cash flows on 3 alternate scenarios. Decide whether you have the stamina and capital for a long haul if you intend to hold.

Hotel Lawyer. As a hotel owner or lender with a distressed property in the worst business environment for more than 70 years, you have a decision to make. Do you sell the hotel now at a deep discount, or do you hold on for things to get better? How long does it take to market a property in this environment?

Owners and lenders of thousands of hotels in the United States and abroad are confronted with this decision. Here are a few thoughts from the pros.

Continue reading " The Hotel Owner's and Hotel Lender's Dilemma: Sell now or sell later? How long does it take to market a hotel today? " »

Posted In: Workouts, Bankruptcies & Receiverships

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Posted On: August 9, 2009 by the JMBM Global Hospitality Group®

Hotel Lawyer: Some practical alternatives to hotel closings - turning around operating results.

By Jim Butler and the Global Hospitality Group®
Hotel Lawyers | Authors of www.HotelLawBlog.com
9 August 2009

Please see "troubled hotel loans - workouts, bankruptcies & receiverships" for the latest articles on troubled hotels.

Hotel closings: Hotel Lawyer with another look at alternatives to closing that hotel.

We have gotten a lot of feedback on our recent article about the precipitous drop in value that accompanies a hotel closing, or as some say, when the hotel is "put in mothballs" or "goes dark". See Closing that hotel may be the worst money-saving idea you ever had! Lenders, here's why mothballing a hotel can be a very bad idea.

In that recent article, we talked about 8 bad things that happen when you close a hotel, and suggested that a hotel should never be closed without first running a careful analysis of cash flows and holding costs. That is not to say, a hotel should never be closed, but a hotel closing deserves close scrutiny, and full exploration of the alternatives.

Today, we will focus on one of those.

Continue reading " Hotel Lawyer: Some practical alternatives to hotel closings - turning around operating results. " »

Posted In: Workouts, Bankruptcies & Receiverships

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About the Authors

Jim Butler

Jim Butler is recognized as one of the top hotel lawyers in the world. He devotes 100% of his practice to hospitality, representing hotel owners, developers and lenders. Jim leads the Global Hospitality Group®—a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,300 properties located around the globe.
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Robert Braun

Robert Braun is a partner in JMBM's Corporate Department and a senior member of JMBM's Global Hospitality Group® -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,300 properties located around the globe. Bob represents owners in both transactional and operational issues. He advises clients with respect to business formation, financing, mergers and acquisitions, venture capital financing, joint ventures and strategic partnerships. He has represented hotel owners in the negotiation of several hundred management agreements, as well as spa management and franchise agreements. Bob also advises hotel owners regarding telecommunications, software, internet, e-commerce, data processing and outsourcing agreements. To read Bob's articles, go to www.HotelLawBlog.com and select "Management Agreements." For more information, please contact Bob Braun at 310.785.5331 or rbraun@jmbm.com.

Marta Fernandez

Marta Fernandez is a partner in JMBM's Employment and Labor Department and a senior member of JMBM’s Global Hospitality Group® -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,300 properties located around the globe. As a management labor lawyer with more than 20 years of experience, Marta specializes in representing hospitality industry clients in all aspects of labor and employment including labor-management relations such as union prevention, collective bargaining for single as well as multi-employer bargaining units, neutrality agreements and defense of unfair labor practice charges before the NLRB. She defends employers in administrative and litigation claims, such as employee claims of sexual harassment and discrimination and counsels clients in preventative strategies such as executive training, arbitration enforcement, and policies and procedures. To read Marta's articles, go to www.HotelLawBlog.com and select "Labor & Employment." For more information, please contact Marta Fernandez at 310.201.3534 or at mfernandez@jmbm.com.

Catherine DeBono Holmes

Catherine DeBono Holmes is a partner in JMBM's Corporate Department and a senior member of JMBM’s Global Hospitality Group® -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,300 properties located around the globe. Cathy assists hotel clients with hotel management and franchise agreements, purchase and sale transactions, and condo hotel regime structuring. She has taken hotel owners through complex RFP processes involving all the major hotel brands. She has significant expertise in condo hotels and advises clients in the specific business and legal aspects of condo hotel regime structuring and documentation, including CC&Rs, HOA docs, unit management agreements, shared facilities agreements, rental management agreement programs and securities compliance matters (structuring, documentation and training). To access Cathy's articles on www.HotelLawBlog.com, click on the topics "Condo Hotels" or "Green Hotels" For more information, please contact Cathy Holmes at 310.201.3553 or cholmes@jmbm.com.

Guy Maisnik

Guy Maisnik is a partner in JMBM's Real Estate Department and a senior member of JMBM's Global Hospitality Group® -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,300 properties located around the globe. Guy's deep and broad transactional practice includes complex real estate finance and venture capital transactions, including project finance, commercial finance, leveraged leasing and real estate acquisitions. He assists clients with development, leasing and disposition, loan portfolio acquisitions, loan and debt restructure, workouts and real estate exchanges. Go to www.HotelLawBlog.com for current information in these areas. For more information, please contact Guy Maisnik at 310.201.3588 or mgm@jmbm.com.

David Sudeck

David Sudeck is of Counsel in JMBM's Real Estate Department and a senior member of JMBM’s Global Hospitality Group® -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,300 properties located around the globe. David has significant experience in the vacation ownership arena, focusing on the formation and registration of condominiums, timeshares and fractional interest regimes. He negotiates hotel, spa and restaurant management agreements, and assists client in the development, acquisition, sale and leasing of hotels, golf courses and restaurants. For David's take on current issues in the timeshare arena, go to www.HotelLawBlog.com and click on the topic, "Timeshare." For more information, please contact David Sudeck at 310.201.3518 or dsudeck @jmbm.com.

Robert Kaplan

Robert Kaplan is a partner in JMBM's Bankruptcy, Insolvency and Restructurings Group and a senior member of the Global Hospitality Group® -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,300 properties located around the globe. Bob represents lenders, special servicers, hard money lenders, community banks, national banking associations, distressed debt investors, and equity investors, positioning them for the best possible outcome by acting expeditiously to preserve value and increase cash flow. His industry experience and his knowledge of the current capital markets -- where distressed assets often include complex deal structures and securitized loans -- allows him to bring creative and effective strategies to the table. When aggressive litigation is the best strategy, he is a vigorous and effective advocate for his clients. Bob represented the securitized lender in the Chapter 11 bankruptcy case filed by the Clift Hotel in San Francisco, and in the subsequent negotiations and successful sale of the loan to a third party. The lender -- acting by and through GMAC Commercial Mortgage Corporation as special servicer -- was the holder of a $60 million loan secured by a Deed of Trust on the Clift Hotel. He has also served as counsel to CapMark, J.E. Robert Company, Inc., AMRESCO Management Inc. and Midland Loan Servicer in their capacity as special servicers on troubled hotel loans in CMBS pools. For more information, contact Robert Kaplan at 415.984.9673 or rkaplan@jmbm.com.

Martin Orlick

Martin Orlick is a partner in JMBM's Real Estate Department and a senior member of JMBM's Global Hospitality Group® -- a team of 50 seasoned professionals with more than $60 billion of hotel transactional experience, involving more than 1,300 properties located around the globe. Marty specializes in representing hospitality industry clients in Americans With Disabilities Act (ADA) compliance and defense. He has represented more than 300 businesses in ADA issues, many of them hotels and restaurants, as well as hotel mixed-use properties. Marty is a member of the American College of Real Estate Lawyers (ACREL) and a frequent speaker on the ADA and other topics. To read Marty's articles, go to www.HotelLawBlog.com and select "ADA." For more information, please contact Marty Orlick at 415.984.9667 or morlick@jmbm.com.

James Abrams

James Abrams has significant experience in government affairs at the national level, the state level – including the California Legislature and scores of state agencies – and with local governments and agencies. He has authored successful ballot measures and scores of bills for his clients. Jim served as the President and CEO of the California Hotel & Lodging Association from January 1, 1991 through December 31, 2008 and is currently an adjunct professor in the Hospitality Industry Management Program at the University of San Francisco. He is a frequent speaker and writer on all aspects of the law relating to the lodging and hospitality industries, and he is the author of the book Laws Pertaining to the California Innkeeper, which is published by the California Hotel & Lodging Association. To read Jim’s articles, go to www.HotelLawBlog.com. For more information, please contact Jim Abrams at 415.398.8080 or jabrams@jmbm.com.

Eudeen Chang

Eudeen Chang is a lawyer in the Litigation Department of JMBM's Orange County office and a member of the Global Hospitality Group®. He represents hotels in a variety of litigation matters, including ADA defense. He is well-versed in all aspects of litigation, from pre-lawsuit strategizing to trial, post-judgment collection and through appeal. He also serves as outside general counsel for a number of small and mid-sized companies and high net-worth individuals. Contact Eudeen at EChang@jmbm.com or 949.623.7232.

Victor Shum

Victor Shum is a corporate and securities partner in JMBM's Corporate Department and a member of JMBM's Global Hospitality Group® and Chinese Investment Group™. He has advised clients on EB-5 matters since 1999 andassists hotel developers on EB-5 financing as well as public and privatesecurities, mergers and acquisitions, cross-border issues, and otherstrategic business transactions, including real estate transactions andintellectual property and technology licensing matters. For moreinformation, contact Victor Shum at 415.984.9611 or vshum@jmbm.com.

Scott Brink

Scott Brink is a senior member of JMBM's Global Hospitality Group® anda partner in JMBM's Labor & Employment Law Department. Scott is amanagement labor lawyer with more than two decades of experiencerepresenting employers in all aspects of labor relations and employmentlaw including union prevention, collective bargaining negotiations,defense of unfair labor practice charges before the NLRB, wrongfuldischarge litigation, individual and class action employmentdiscrimination and wage-and-hour claims, sexual-harassment litigation,arbitrations, personnel policies, California wage and hour law, andemployee discipline and discharge. An experienced trial attorney, Scotthas litigated a number of high-profile and complex cases involving awide range of labor and employment law matters. For more information,contact Scott Brink at RSB@jmbm.com or 310.785.5365.

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Los Angeles, CA 90067
Direct: (310) 201-3526
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E-mail: jbutler@jmbm.com

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Ask the Hotel Lawyer™ is a quarterly column that I write for JMBM's Global Hospitality Advisor®. If you have a question you would like to submit to Ask the Hotel Lawyer™ please use the comments box below. While your question may not be of sufficient general interest for the column, I will try to respond to you individually if you leave your contact information below. Jim Butler.

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