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BANKRUPTCY & WORKOUTS

Real Estate Council Breakfast Network
Wednesday, March 11th 7:30 - 9:30 am
At the Hilton Costa Mesa: 3050 Bristol Street

* REC Members attend for free / Members RSVP to realestate@jfoc.org
* To join or renew your REC Membership or Sponsorship for 2009 click here
* Couvert $50 for Non-Members / Non-Members register here.

Join us to hear three experienced real estate professionals and legal experts talk about
the process, potential pitfalls, and opportunities of Bankruptcy and Workouts:
 * What to do if/when you find one of your properties in financial trouble
* Where are deals happening and how you participate
* How to restructure a workout

2009 REC Membership and Sponsorship information is available at the bottom of this page and here.

EVAN D. SMILEY concentrates his practice at Weiland, Golden, Smiley, Wang Ekvall & Strok, LLP on bankruptcy/insolvency matters and complex business litigation.  Mr. Smiley is a former President of the Orange County Bankruptcy Forum and a former Director of the California Bankruptcy Forum.  He is certified as a specialist in Business Bankruptcy Law by the American Bankruptcy Institute. 

In 2005, 2006, 2007 and 2008, Mr. Smiley was selected by the publishers of Los Angeles magazine as a Super Lawyer, representing the top 5% of the practicing attorneys in Southern California. 

He received his undergraduate degree in business administration (finance) in 1989 from California State University at Northridge and his law degree in 1992 from University of the Pacific, McGeorge School of Law, where he was a Law Review writer and editor.  He served a judicial clerkship to the Honorable John E. Ryan, United States Bankruptcy Judge for the Central District of California from September 1992 to September 1993, and an externship to the Honorable James N. Barr, United States Bankruptcy Judge for the Central District of California in 1991.  

Mr. Smiley was an associate attorney with Buchalter, Nemer, Fields & Younger, until joining Weiland, Golden, Smiley, Wang Ekvall & Strok, LLP when it was formed in 1995.  He co-authored Bankruptcy for Businesses, published in April, 2007 by Entrepreneur Media, Inc. and distributed by McGraw-Hill. 

L. BRUCE FISCHER is a partner in Morgan Lewis's Real Estate Practice. Mr. Fischer works with real estate funds and REITS and their advisors in connection with the origination and purchase of and participation in senior and subordinate "mezzanine" loans and the purchase and sale and financing of commercial properties (including multi property and multi state portfolio sales and acquisitions), directly or through the formation of joint ventures with local operators and/or developers.

Mr. Fischer’s practice includes the representation of institutional lenders and borrowers regarding the origination of construction loans, permanent loans and credit enhancement involving commercial projects, multi phase residential projects and low-income housing projects that have been allocated Section 42 Tax Credits.

Mr. Fischer also represents investors and developers in connection with projects that have received an allocation of Section 42 Tax Credits. Additionally, Mr. Fischer’s practice includes the representation of institutional lenders in connection with workouts involving complex loan restructuring, foreclosures, deeds in lieu of foreclosure, and the appointment of receivers.

 

Andrew P. Bernstein is the co-chair of Jackson, DeMarco, Tidus & Peckenpaugh's Real Estate Practice Group. Mr. Bernstein has extensive experience in the acquisition, disposition, leasing and finance of residential, commercial, retail and industrial projects throughout the United States. His practice has included the representation of the largest privately held residential developer in the United States in its land sales and acquisitions throughout Southern California as well as the representations of many other publicly and privately held residential and commercial developers.

He also regularly represents clients in negotiating limited liability company operating agreements as well as general and limited partnership agreements. Mr. Bernstein also has substantial expertise in the representation of both borrowers and lenders in commercial lending and workout transactions including construction loans. Mr.

Bernstein has developed special expertise in matters involving the real estate aspects of military base

redevelopment and privatization projects. Mr. Bernstein is a member of the Board of Directors of the Orange

County Chapter of the Building Industry Association.

STEVE EDWARDS is a partner in the Orange County office of Manatt Phelps and Phillips. Steve has a broad background in real estate and real estate law, including in-house experience in the real estate industry.  He has been active in virtually all aspects of the acquisition, sale, exchange, financing, ground leasing, leasing, and development of improved and unimproved real estate for both individual and institutional clients. 

Steve was formerly the co-chair of the real estate practice for an international law firm.  His practice has emphasized the representation of both developers and capital providers in the formation of joint ventures, limited partnerships, and limited liability companies for the acquisition and development of housing and commercial properties.  Steve has also been active in representing lenders in providing financing to residential developers.

Steve has had considerable experience representing lenders, partners, and landlords in workout situations, including the evaluation and sale of nonperforming loans and REO in individual and portfolio transactions.  He has also been very active in sale/leaseback transactions representing both the buyer/lessor and the seller/lessee, as well as public/private partnerships. 

Steve has particular experience in the area of real estate investment trusts in connection with public offerings, the acquisition of real estate (including portfolio sales), and the formation of UPREITs, Down REITs, and private REITs.  He has represented capital providers in the healthcare industry, represented borrowers and lenders in connection with mezzanine debt transactions, and has experience with both development and financing ground leases.