Kraft Law - Banking Law, Bankruptcy, Commercial Law & Real Estate Attorneys

Typical Matters

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In addition to transactions appearing immediately below, the representative matters listed here include "Bankruptcy/Loan Workouts" and "Other Litigation."

Developed Construction and Permanent Real Estate Loan Documentation Package for California licensed commercial finance lender; successfully documented for same lender more than 100 loans for commercial and land acquisition, construction and permanent financing, ranging in size from $225,000 to $3,600,000, representing loan volume in excess of $100,000,000.
Represented Bank in the documentation of a five separate loans to two related agribusiness entities aggregating $24,000,000 in credit, involving operating lines of credit, real estate loans and equipment term loans, and involving cross-collateralization of all loans with real and personal property, including leasehold interests.
Represented Bank in the documentation of a $20,000,000 line of credit supported by assignment of lease portfolio, along with $10,000,000 term loan supported by assignment of auto contracts.
Represented Bank in the documentation of a $15,000,000 real estate loan secured by third-party deeds of trust, and involving numerous deed of trust and lease subordinations and complex structuring issues.
Represented Bank in the documentation of an $11,600,000 build-to-suit construction loan involving existing lease to government agency tenant.
Represented Bank in the documentation of a $4,900,000 loan for the acquisition of a business.
Represented out-of-state Bank in the documentation of a $2,700,000 permanent real estate loan secured by leasehold interest under a ground lease from a local county government.
Represented Bank in the negotiation and documentation of an $11,000,000 crop line of credit, and $4,000,000 agricultural land development loan, involving crops and real estate collateral in three California counties.
Represented Bank in connection with perfection of security interest in intellectual property in connection with a $2,000,000 asset-based line of credit.
Represented Bank in the documentation of a $1,600,000 real estate construction loan, partially secured by security interest in security entitlements, perfected through negotiated control agreement.
Represented Bank in the successful acquisition of a software development company and related assets.

BANKRUPTCY/LOAN WORKOUTS

Successfully represented Bank in workout of various loans to a commercial contractor aggregating approximately $6,000,000, secured by real and personal property, including negotiations of Intercreditor Agreement with bonding companies who took over defaulted jobs.
Successfully represented bank in the workout of a $1,900,000 agricultural loan. Obtained temporary restraining order asserting security interest in funds held in a Starker exchange trust as a general intangible subject to bank’s security interest, leveraging this position into a deed of trust placing bank in a fully secured position.
Successfully represented Bank in a workout of a $875,000 asset-based line of credit by leveraging litigation against third party to force a buy-out of Bank’s position. Obtained writ of possession on inventory and temporary restraining order requiring sequestration of accounts receivable proceeds. Defeated motion for use of cash collateral in Chapter 11 bankruptcy.
Successfully represented Bank in a workout and restructuring of a carry-over crop loans of $800,000 (partially restructured into Farm Service Administration guaranteed loans) and financing for new crop year of $260,000. Described by examiners as “best work-out they’d ever seen.”
Successfully represented Bank in workout and restructuring, through a Chapter 11 bankruptcy, of a $1,300,000 agricultural credit, including successful negotiation of over $700,000 of post petition crop financing, guaranteed by the Farm Service Administration of the United States Department of Agricultural.
Successfully represented Bank in Ch. 12 farm bankruptcy involving $800,000 in aggregate credit partially guaranteed by Farm Service Administration of the United States Department of Agriculture.
Successfully represented Bank in a workout and liquidation of a $2,500,000 livestock loan, including negotiation and documentation of additional financing to carry livestock through liquidation.
Successfully represented Bank in a workout of approximately $750,000 in carry-over crop loans, including the negotiation and documentation of $1,800,000 in new crop financing, secured by additional real estate collateral.
Successfully represented Bank in Chapter 11 Bankruptcy on $1,700,000 loan secured by commercial/industrial property and strip center. Negotiated stipulations for use of cash collateral and relief from stay.
Successfully represented Bank in Chapter 11 Bankruptcy of a cabinet shop collecting full pay-out of approximately $200,000 line of credit and real estate loan.

Other Litigation

Successfully defended Lender on breach of construction loan agreement alleging wrongful disbursement of construction funds. Resulted in settlement during trial with plaintiff agreeing to pay Lender’s attorneys’ fees for dismissal.
Successfully represented Bank in action for breach of contract in connection with servicing obligations on lease portfolio.
Successfully defended corporation in action for dissolution by minority shareholders.
Successfully represented real property owner in action for encroachment.
Successfully represented developer in action against partners to recover guaranteed return.