“VANDENBULKE’s banking and finance practice punches above its weight to attract a number of impressive instructions”



Insolvency Financing

VANDENBULKE also serves the interests of international institutional real estate lenders, holding troubled real estate loans and mortgage-backed securities through Luxembourg SPVs as well as borrowers seeking to restructure troubled debt and investors who own or desire to acquire distressed real estate and real estate loans.

VANDENBULKE has acquired extensive experience in the following:

  • Representation of both borrowers and new equity sources in negotiating the recapitalization of borrowers as part of an overall financial restructuring strategy.
  • Representation of real estate lenders, special servicers, and borrowers in loan restructurings, forbearances, bankruptcy proceedings, judicial and non-judicial foreclosures, receivership actions, and deficiency collection proceedings.
  • Defense of lenders with respect to the many types of claims arising from troubled loans, including lender liability.
  • Representation of lenders and investors as owners of foreclosed real estate, with respect to a full array of asset management, leasing, and disposition issues as well as the formation and operation of new entities for lenders in syndicated facilities to act as owners of foreclosed collateral.

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The Code of Hammurabi, created ca. 1780 BC, is one of the earliest known sets of laws. By writing the laws on stone, Hammurabi rendered them immutable. The laws do not accept excuses or explanations for mistakes or fault: the Code was openly displayed in a public place for all to see, so no man could plead ignorance of the law as an excuse. The Code of Hammurabi is often pointed to as the first example of the legal concept that some laws are so basic as to be beyond the ability of even a king to change. This concept lives on in most modern legal systems and gave rise to the term written in stone.