Navigating the Current Distressed CMBS Market: Strategies for Borrowers and Lenders; Opportunities and Challenges

Mr. Oliner is co-chair of the Bankruptcy and Fiduciary Representations division of the firm’s Business Reorganization and Financial Restructuring Practice Group. He represents financial institutions, including loan servicers, mortgage lenders and asset-based lenders, as well as bankruptcy trustees, creditors' committees, and rents and equity receivers. Mr. Oliner has served as a chapter 11 trustee in the Northern District of California Bankruptcy Court and is a court-appointed mediator and examiner. He has testified in jury trials as a qualified expert witness on bankruptcy and commercial remedies and is versed in all creditors' remedies in both state and federal courts. Mr. Oliner has also defended appeals in bankruptcy appellate courts, district courts, and before the Ninth Circuit. In addition to his bankruptcy practice, Mr. Oliner has extensive experience in receivership, foreclosure and workouts. He has represented lenders in over 100 receivership cases in state courts throughout California and in other jurisdictions. Mr. Oliner has written and spoken on a variety of topics in the bankruptcy and receivership fields.

Mr. Silverman represents national financial institutions, CMBS special servicers, fintech companies, and non-bank lenders in complex loan workouts, creditors' rights, loan enforcement, and bankruptcy matters. He helps clients recover what they are owed when borrowers and guarantors fail to meet their obligations. Mr. Silverman focuses on creditors’ rights, loan workouts and enforcement, and bankruptcy, representing clients working out loans across various asset classes, including office, multifamily, retail, hospitality, health care, and industrial. His bankruptcy work includes representing secured and unsecured creditors in preference claims. Mr. Silverman’s diverse practice includes helping clients resolve contract disputes, post-judgment collections, fraudulent transfer claims, complex business divorce issues, and other commercial litigation. He frequently speaks, writes, and comments on the CMBS industry and loan enforcement topics.

Ms. Bouyea focuses on a range of bankruptcy matters, commercial litigation, and commercial foreclosures. She represents debtors, secured and unsecured creditors, creditors’ committees, bankruptcy trustees, liquidating agents, and other parties-in-interest in bankruptcy cases and related matters, including pre-bankruptcy counseling and planning, cash collateral use, debtor-in-possession financing, automatic stay litigation, asset sales, plan litigation, fraudulent conveyance litigation, claim disputes, and claim administration. Ms. Bouyea also represents lenders, including special servicers of commercial mortgage-backed securities, in all aspects of the creditor-distressed debtor relationship, including loan modifications, foreclosure sales, receivership actions and sales, guaranty claims, and lender liability actions. She has represented clients in a variety of sectors and industries, including real estate, retail, municipal government, healthcare, manufacturing, and transportation.