News & Publications

We've all read the headlines - real estate owners (big and small) are handing (or considering handing) lenders the "keys" to office buildings. With remote working models in flux and tenants gravitating towards amenitized Class A buildings, office building owners may find few options for older properties with weaker tenant rosters and large capital needs. As a result, a solution may be to stop servicing the debt and transfer title to the lender. For many [...]

In a press release published on Friday, March 10, 2023,1 the Federal Deposit Insurance Corporation (FDIC) announced that the California Department of Financial Protection and Innovation had, as of the same date, closed Silicon Valley Bank (SVB) and appointed the FDIC as the receiver. The FDIC immediately created the Deposit Insurance National Bank of Santa Clara (DINB) and transferred all insured deposits previously held at SVB to the DINB. The rights and responsibilities of the FDIC [...]

On February 22, 2023, the United States Supreme Court ("the Supreme Court") issued its Opinion in the matter of Bartenwerfer v. Buckley, No. 21-908, LEXIS 943 (Feb. 22, 2023), holding that per 11 U.S.C. § 523(a)(2)(A), a partnership member is not entitled to discharge a debt incurred by the fraud of another partnership member, regardless of the fact the innocent member had no knowledge of the fraud. Background In 2005, Kate Bartenwerfer ("Plaintiff") and her then-boyfriend [...]