McNutt Law Group’s real estate practice provides excellent services in many stages of real estate transactions. Our attorneys have extensive real estate experience including representing developers, property owners and creditors in bankruptcies and work-outs. We also advise clients on real estate transactions including the purchase and sale of real property as well as the negotiation of commercial leases.
- Property Managers
- Homebuilder Case
- In re Galahad Foods, Inc.
- In re Sugar Bowl Ski Corporation
Representation of Chapter 7 Debtor
The current collapse in real estate values has propelled many real estate developments into insolvency, with consequences to all participants. By way of example, in this Chapter 7 case we were confronted by a real estate developer with $150 million in personal guaranties on 17 developments. The objective of this bankruptcy proceeding, as well as those to come, will be to put behind developers’ debts impossible to pay so that they will be enabled to go forward with new projects.
Representation of Creditor Roundtable Franchise Corp.
Galahad was an operator of numerous Roundtable Pizza franchise restaurants in the California Central Valley. MLG represented Roundtable Franchise Corp. in successfully opposing the Debtor’s Chapter 11 plan, converting the case to Chapter 7, negotiating an interim operating agreement with the Chapter 7 trustee that allowed the restaurants to be operated consistent with the standards of the franchise agreement, and finally purchasing those restaurants as going concerns from the Chapter 7 trustee. The uninterrupted operation of all locations was essential to the process, as was addressing the legal issues such as insurance, labor, lease assumptions and licensing. Negotiating favorable terms of assumed leases was key to the economic success of the acquisition.
Representation of Chapter 11 Debtor
Sugar Bowl operates a ski resort near Lake Tahoe, California. The firm’s lawyers represented Sugar Bowl in a pre-packaged Chapter 11 plan of reorganization designed to facilitate a recapitalization to allow for expansion and improvements to the resort. MLG lawyers worked cooperatively with Sugar Bowl’s investors and equity holders in negotiating the terms and structure of the recapitalization, which included complex corporate and real property development issues, in addition to delicate interpersonal issues associated with reorganizing a closely held corporation. MLG lawyers filed Sugar Bowl’s Chapter 11 two weeks before the Christmas holidays, traditionally the busiest time of the ski season, and successfully confirmed Sugar Bowl’s Chapter 11 plan 60 days later. During the entire process Sugar Bowl operated on a “business-as-usual” basis with all creditors receiving payment in full.