Southern California Real Estate Transaction and Rent Collection Lawyers
When bankruptcy threatens rent collection or a real estate transaction, the Southern California rent collection lawyers at Weintraub & Selth, APC, can help.
When bankruptcy is involved, sophisticated real-estate professionals advise their clients to immediately seek counsel from experts in that area of the law. They know that the federal bankruptcy courts operate under unique rules, and that missing tight deadlines for filing motions, claims, or objections can result in lost or diminished rights.
Weintraub & Selth, APC, guides landlords, developers, and other real estate professionals through the ever-changing maze of bankruptcy law. Our attorneys are passionately committed to understanding the specifics of your problem and helping you achieve the best possible outcome, whether through negotiation or litigation. Our longstanding relationships with bankruptcy judges, trustees, and other bankruptcy professionals enable us to operate efficiently and effectively, and often give us early access to critical information.
We Help Landlords Collect Rent
Commercial or residential tenants who file for bankruptcy typically cease making rent payments. But the Bankruptcy Code obligates tenants to pay rent. Through effective legal representation, tenants in bankruptcy can often be compelled to pay rent, late charges, and even attorneys' fees. Accrued rent can be given priority over other debts. Correct and timely action by the landlord can prevent loss, whether the tenant remains on the premises or has vacated. We help landlords find the best solutions to a multitude of problems arising from tenant bankruptcy, including these:
- Tenants considering bankruptcy often demand reductions in rent. We help landlords determine whether negotiation or vigorous enforcement of legal rights is the better option. If negotiation is called for, we can help throughout that delicate process.
- A tenant in bankruptcy has the right to assume or reject a lease. In either case we counsel landlords on how to exercise their legal rights, which in the case of a rejected lease are determined through applying a complex formula.
- Under current bankruptcy law, a security deposit held by a landlord is considered the property of the debtor's bankruptcy estate. We help landlords get court orders allowing them to use security deposits.
- Shopping center leases are subject to a different special set of bankruptcy rules. We help landlords deal with these rules and we consult with real-
estate attorneys on how defining a lease as a shopping center lease can give landlords additional protection in a bankruptcy.
We Help Developers and Investors Purchase Property
When a developer or investor wishes to purchase property from a bankruptcy estate, our knowledge and relationships contribute to finding optimal answers to these and many other questions:
- How large a deposit should you make?
- Is the deposit refundable?
- If you are first to bid, but another bidder wins the auction, do you get just your deposit back, or are you also entitled to attorneys' fees, due-diligence costs, and a breakup fee? (If your lawyer understands the nuances of how to structure it, bankruptcy courts will sometimes even allow payment of a bonus for the value you created by being the first to step forward.)
We Help Mortgage Brokers and Real Estate Agents Consummate Deals
Sometimes the sale of a property or refinancing a mortgage is on the verge of completion when the buyer or seller of the property files for bankruptcy, stopping the loan and the sale. If the lender wants to go ahead with the loan, Weintraub & Selth, APC, advises on how to obtain the court's approval despite the bankruptcy.
Additional Services
Weintraub & Selth, APC, is expert in the enforcement of judgments, pre-judgment attachments, and receiverships(Collection Attorneys Link). We represent mortgage lenders and owners of commercial and residential property in collections and foreclosures when bankruptcy is not involved. (Creditor’s Rights Link) We also represent property owners at risk of losing real estate or lease rights as a result of short-term financial problems (Chapter 11 Link)
For more information, contact a Southern California rent collection lawyer at Weintraub & Selth APC
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Our bankruptcy and civil litigation attorneys serve clients in Southern California, including Los Angeles, Santa Monica, West Los Angeles, Sherman Oaks, Culver City, Long Beach, South Bay, Westwood, Brentwood, Burbank, Beverly Hills, Woodland Hills, and Van Nuys.
