Randy P. Orlik

Partner

Overview

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.

Bankruptcy Experience

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.

Representative
Matters

Transactions

Represented numerous financial institutions in the sale of individual notes secured by both real and/or principal property.

Represented numerous individual and non-public investors in the purchase of notes secured by real property.

Represented both institutional lenders as well as private lenders in negotiating and documenting loans secured by a pledge of one or more promissory notes, which were in turn secured by real property.

Represented a lender in connection with the origination, restructure and workout of several agricultural loans secured by row crops (cotton, strawberries, lettuce), permanent crops (almonds and citrus), rose bushes, and real property.

Represented institutional lenders in the workout/restructuring of dairy loans.

Represented institutional investors in the negotiation and documentation of trade finance lines, revolving lines, and combinations thereof, secured by accounts receivable, inventory, equipment, and general intangibles.

Represented borrowers in the negotiation of recourse carve out guaranties and the issuance of non-substantive consolidation opinions.

Represented institutional lenders with respect to the foreclosure of both real and/or personal property security for loans that are in default.

Bankruptcy

Represented numerous secured creditors in obtaining relief from the automatic stay to foreclose in a single asset real estate cases.

Represented numerous secured creditors in negotiating treatment of their claim in a confirmed plan of reorganization.

Represented numerous secured creditors in negotiating debtor's use of cash collateral, adequate protection, and sometimes obtaining relief from the stay.

Represented numerous undersecured creditors with lien encumbering all of the debtor's assets with respect to the sale of all the debtor's assets and payment of the proceeds thereof, less negotiated carve outs for both administrative and unsecured claims, to the secured creditor.

Represented landlords in opposing assumption and assignment of their leases, pursuing their administrative claims, and in obtaining rejection of their leases and possession of the lease space.

Publications &
Speaking Engagements

Recent Publications

Drafted chapter concerning receivership sales for California Mortgages, Deeds of Trust, and Foreclosure Litigation, The California Continuing Education Of The Bar (CEB), November 2012

Article on receiverships for Real Property Law Reporter, The California Continuing Education Of The Bar (CEB), November 2012

Insert concerning receivership sales for CEB's California Mortgages, Deeds of Trust, and Foreclosure Litigation, The California Continuing Education Of The Bar (CEB), 2011

Article for American Bar Association, Real Property, Trust & Estate Report, February 2009

Your Tenant Has Filed Bankruptcy - Now What?, California Real Estate Journal, 10/13/2008

SPE Provisions After GGP - A Wall of Steel or Swiss Cheese?, CCN Finance Newsletter, 9/10/2008

Single Asset Real Estate -- Congress' Gift to the Secured Creditor, Andrews Bankruptcy Litigation Reporter, 5/30/2008

Recent Speaking Engagements

Negotiating Lender's Recourse To Borrowers And Guarantors In Real Estate Loans, 2012 Crocker Symposium, 2012

An Overview Of UCC 9 And Its Application To The Business Lawyers, Beverly Hills Bar Association, 6/4/2010

Division 9 Of The California Commercial Code, Beverly Hills Bar Association, 3/5/2010

Bankruptcy: What Happens & What Are The Actual Implications, Information Management Network's 2nd Western Symposium On Distressed Residential & Multifamily Real Estate, 9/15/2009

Guide To Foreclosures - Part 2, Los Angeles County Bar Association, October 2008

Guide To Foreclosures - Part 1, Los Angeles County Bar Association, 9/17/2008

Mezzanine Lender Workout, IMN Distressed Real Estate Conference,  6/26/2008

Awards &
Affiliations

Professional Affiliations

  • The Financial Lawyers Conference, President
  • The California Bankruptcy Forum
  • American College of Commercial Finance Lawyers
  • American Bankruptcy Institute
  • State Bar of California, UCC Committee, Former Member

Bar and Court Admissions

  • State Bar of California

Education

  • J.D., University of California, Berkeley School of Law (Boalt Hall), 1979, Order of the Coif
  • M.B.A., University of California, Berkeley, 1979
  • B.A., Amherst College, 1974