Articles Posted in Workouts, Bankruptcies & Receiverships

Published on:

19 April 2019

The Spring 2019 Trigild Lender Conference in Dallas, TX wrapped up on Thursday, April 18—an informative day-and-a-half conference delving into what the industry is saying about lending and debt for commercial real estate.

The Trigild Conference

Keynote speakers Peter Muoio, Ph.D. and Ten-X executive vice president Donald D. Sheets shared their perspective on commercial real estate, construction project risks, ethics questions, hospitality trends, economic forecasts, and whether a downturn is imminent.

Other programs at this exciting conference discussed the impact of natural disasters on the commercial real estate industry, block-chain and other emerging trends, and strategies to help lenders, investors and developers mitigate risk. Trigild brings together lenders, special servicers, legal counsel, investors, real estate fund leaders, asset managers, and loan buyers to network and learn from one another. Specializing in property management, receivership, bankruptcy, and advisory services, Trigild has hosted the Lender Conference for 7 years.

Lenders seeing distressed hotel loans?

Speakers at the conference noted a few troubled spots in lending, but they seem to be isolated to the oil patch or situations that are specialized and limited. Overall it seems that some experts project a continuation of modestly good times through 2020 or 2021, while a few doomsayers claim we are ready to fall off a cliff any minute. CONTINUE READING →

Published on:

15 February 2019

$87 billion in hotel transactions involving more than 3,900 properties
LOS ANGELES—The hotel lawyers of JMBM’s Global Hospitality Group® are pleased to present their updated Hospitality Credentials, which include clients and projects that represent more than $87 billion in hotel transaction experience involving more than 3,900 properties worldwide – more than any other law firm.

“If you are a hotel owner, developer, or capital provider, our hospitality lawyers can provide expertise and experience you just won’t find elsewhere,” said Jim Butler, Chairman of JMBM’s Global Hospitality Group. “Whether you are buying or selling a hotel, developing a new one, need a privacy and cybersecurity plan, or defend an ADA lawsuit – we have lawyers who know the ropes, and can guide you every step of the way.”

JMBM’s Global Hospitality Group provides a full range of services to the hospitality industry including:

  • ADA compliance & defense
  • Cannabis
  • Celebrity chef agreements
  • Construction
  • Corporate governance
  • Cybersecurity
  • Data privacy
  • Development
  • Equity & joint ventures
  • Expert witness
  • Fiduciary duty
  • Financing
  • Foreign investment
  • Franchise & licensing
  • Hotel-specific contracts
  • Labor & employment
  • Land use & environmental
  • Leasing
  • Litigation
  • Management agreements
  • Mergers & Acquisitions
  • Opportunity Zone
  • Proposition 65
  • Purchase & sale
  • Shareholder disputes
  • Tax
  • Trademark & copyright
  • Trusts and estates
  • Union negotiations
  • Union prevention
  • Vacation ownership
  • Workouts, bankruptcies & receiverships
“Exceeding $87 billion in hotel transactions involving 3,900 properties is a new milestone, and one I am proud to announce,” said Butler. “I am grateful to all of our wonderful hospitality clients who have shown us their trust and confidence over the years and continue to provide us with challenging and meaningful work.”

About JMBM’s Global Hospitality Group
JMBM’s Global Hospitality Group is the premier hospitality practice in a full-service law firm and the most experienced legal and advisory team in the industry. The Group publishes the Hotel Law Blog and hosts the annual Meet the Money® National Hotel Finance & Investment Conference (May 6-9, 2019 in Los Angeles). For more information visit


Jim Butler
+1 310-201-3526

Published on:

15 January 2013

Hotel Lawyer with lender problems on a problem golf course.

A recent court decision points to a critical difference between the way revenue generated by golf courses and revenue generated by hotels is viewed in a bankruptcy scenario. My partner, Ben Young, reports how one lender found out that the cash flow generated from the green fees of a bankrupt golf course was not part of the lender’s collateral.

Veteran workout specialists will be reminded of the old “rents versus accounts” issue on hotel revenues that was finally resolved by an amendment to the Bankruptcy Code.
Double Bogie: Bank’s Security Interest in Green Fees
Cut Off by Club’s Bankruptcy

Bennett G. Young | Hotel Lawyer

Are golf course revenues “rents”?

A golf course may look like a solid piece of collateral. After all, golfers will pay good money to play and the green fees and driving range fees golfers pay to play the course will generate a revenue stream. This revenue stream can be pledged to a lender and used to support loans to the owner of the course. Lenders love to finance a business that generates a steady revenue stream, making a golf course look like an attractive form of collateral.

But what happens if the owner of the course files a bankruptcy case? In that event, the lender will want to control the borrower’s cash flow. Does the lender’s lien extend to the green fees and driving range fees paid by golfers after the course’s owner files a bankruptcy case?


Published on:

15 October 2012

Hotel Lawyer on Workouts, Bankruptcies & Receiverships meeting

The hotel lawyers of JMBM’s Global Hospitality Group® are frequently called upon by the organizers of hospitality industry conferences to speak on critical issues affecting hotel owners, investors and lenders. My partner, Bob Kaplan, will be speaking this week at the Fall 2012 Trigild Lender Conference in San Diego.



Published on:

10 August 2012

Hotel restructuring, workouts, receiverships and bankruptcy. The art of heavy lifting. Because bankruptcy lawyers tend to stay out of the limelight, we were pleased when my partner, Bob Kaplan — a superb bankruptcy lawyer and a senior member of the Global Hospitality Group® — was featured in the recent Northern California Super Lawyers® Magazine. Bob is the kind of lawyer who gets the best results for his clients in the least possible time, and he is not the kind of lawyer to toot his own horn. However, the work he does for our clients is critical to their success, and the expertise he brings to a troubled hotel can add significant value for all players.

For a glimpse into the high stakes work of commercial bankruptcies, please read this article about a great partner and friend, Bob Kaplan. It describes what we do best at the Firm — take care of clients and deliver results.


Published on:

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.


Published on:

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®.


Published on:

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)


Published on:

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.


Published on:

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.


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