Combining a unique blend of litigation and transactional skills, Randy successfully negotiates and documents (both origination and workout/restructuring) unsecured and secured financing for his clients. The transactions involve real and/or personal property collateral, the exercise of both lenders' and borrowers' rights and defenses as well as bankruptcy.
Secured Transactions For Financial Institutions, Investors, And Real Estate Companies
Real estate and financial services industry firms rely on Randy for his background representing borrowers and lenders in the origination, workout/restructure, and enforcement of loans secured by real and/or personal property and his ability to get a deal completed in a timely fashion. He advises his clients with respect to the creation, perfection, and enforcement of security interests under Division 9 of the Uniform Commercial Code, enforcement of loans secured by real property (California one form of action and anti-deficiency rules), the rights and defenses of guarantors, and the rights of both debtors and creditors in bankruptcy.
Randy negotiates and documents both the origination and restructuring of real estate construction loans, involving condominiums, shopping centers and office buildings. He has experience with agricultural loans, involving both permanent and row crops and equipment, inventory, and accounts receivable financing for a variety of businesses, trade finance, and permanent or semi-permanent real estate loans.
State Law Rights And Remedies
Randy has obtained the appointment of a receiver under a deed of trust and the appointment of an equity receiver to collect accounts receivable and sell inventory and equipment. Randy also has experience in putting account debtors on notice to pay the creditor directly, conducting judicial and non-judicial foreclosures of real and personal property collateral, and negotiations with both secured and unsecured creditors concerning the restructuring of their debts.
Randy frequently appears in bankruptcy court, advising creditors and debtors with respect to all areas of Chapter 11 of the Bankruptcy Code. He has filed motions for relief from the automatic stay with respect to real and personal property collateral, and moved for and opposed the use of cash collateral, both in real estate (rents) and in a non real estate (accounts receivable collections) cases. His experience extends to moving and opposing the assumption and/or rejection of leases and other executory contracts, objecting to claims, bringing and defending preference and other avoiding actions, motions for the appointment of a trustee, motions to convert or dismiss the case, negotiation and preparation of disclosure statements and plans of reorganization, and seeking and opposing approval of disclosure statements and confirmation of plans of reorganization.