Navigating Receiverships

Navigating Receiverships with Matt McKinlay of Ampleo

  Matt McKinlay of Ampleo joins Navigating Receiverships to discuss an extremely contentious receivership and how he handled it involving a landfill and potential environmental concerns.
 
About Matt McKinlay
Matt McKinlay is the President at Amplēo Turnaround and Restructuring, LLC.  Matt has 24 years of experience solving complex financial and operational matters in roles such as Chapter 11 Trustee, Court-appointed Receiver, Turnaround Advisor, and Interim CFO / CEO.  Matt is exceptionally good at helping calm nerves during high-impact situations and is a stabilizing influence for creditors, employees, and other stakeholders.  Matt is credentialed as a Certified Turnaround Professional (CTP) by the Turnaround Management Association. He is also a Certified Management Accountant (CMA). He is the Idaho State Director for the Commercial Receiver’s Association. Matt earned an MBA in Finance from the Marriott School of Management at Brigham Young University.
 
About Navigating Receiverships
Navigating Receiverships is a podcast brought to you by the Commercial Receivers Association.  Navigating Receiverships brings stories from different receivership and insolvency actions in which our members came into a difficult situation and were able to successfully navigate the landscape.  Our members share their story in an effort to both educate and entertain our listeners.

Navigating Receiverships with Gene Buccola of High Plateau Asset Management

Gene Buccola of High Plateau Asset Management joins Navigating Receiverships to discuss a complex apartment complex receivership where the owner was living in the top floor and creating issues.
 
 
About Gene Buccola
Gene Buccola has excelled in a career spanning over four decades, marked by exceptional expertise in receivership management, strategic real estate development, and special asset liquidation. His leadership is characterized by a lifelong commitment to evaluating, enhancing, and strategically developing diverse real and personal property across multiple states. He consistently delivers successful outcomes in complex and challenging situations through a unique blend of deep professional experience, operational expertise, and legal understanding.
Gene's leadership is evident in his extensive receivership experience, where he excels at stabilizing and revitalizing distressed assets. He brings decisive direction to asset management, guiding each receivership from meticulous initial analysis and Day 1 procedure development to comprehensive valuation and strategic liquidation. He has successfully managed significant assets, including those valued at approximately $60 million, working with institutions such as US Bank, Liberty Bank, Sterling Savings Bank, Home Federal Bank, and the FDIC. His strategic approach, characterized by meticulous due diligence and decisive action, ensures the preservation and maximization of asset value. He expertly leads teams through complex repositioning and stabilization processes, navigating intricate legal and financial landscapes with precision. His expertise is further recognized through his participation as a panelist for the Oregon State Bar Association Debtor Creditor conference.
His experience extends to special credit banking, where his deep understanding, honed over a decade with First National Bank of Oregon, enables him to navigate complex financial disputes. He has been appointed as a receiver in multiple cases where he led the restructuring of troubled businesses and managed complex commercial properties. His leadership has consistently resulted in successful turnarounds and positive outcomes. His banking career in Special Assets has led to assisting multiple commercial banks, FHLMC, and the FDIC in the evaluation and liquidation of all special asset classes. Notably, he provided critical leadership during the 2008 recession, assisting the FDIC in the closure of several regional banks. Gene has also demonstrated his executive leadership as CEO of a multi-state aviation enterprise and a multi-state commercial property management company, showcasing his ability to lead diverse teams and operations. Gene's real estate expertise also encompasses development, investment, and management. As a principal broker for over four decades, he has a proven track record of identifying and capitalizing on lucrative real estate opportunities. His deep understanding of market dynamics, coupled with his ability to analyze complex financial data, allows him to make informed investment decisions that generate substantial returns. He has successfully led the management of diverse real estate portfolios, including commercial office, industrial, hospitality, and multi-family properties, demonstrating a keen understanding of property valuation, development, and management. Additionally, his leadership extends to facilitating employee corporate relocation, working with Relocation Resources (RRI) to serve employers like CH2M-Hill Engineering and Hewlett Packard.
Gene currently holds significant roles in industry associations such as AAPL, CRA, and TMA further underscoring his ability to lead and inspire. He is a recognized leader, entrusted with significant fiduciary responsibilities and sought after for his strategic guidance. Gene holds an unwavering commitment to excellence, and this is evident in his approach to life and profession.
 
About Navigating Receiverships
Navigating Receiverships is a podcast brought to you by the Commercial Receivers Association.  Navigating Receiverships brings stories from different receivership and insolvency actions in which our members came into a difficult situation and were able to successfully navigate the landscape.  Our members share their story in an effort to both educate and entertain our listeners.

Navigating Receiverships with David Castleman of Otterbourg

David Castleman joins Navigating Receiverships to discuss his experience as receiver over EminiFX and dealing with crypto currency/blockchain receiverships.
 
About David Castleman
David A. Castleman, a member of the firm, practices in Otterbourg P.C.’s Restructuring & Bankruptcy, Litigation, and Privacy & Cybersecurity Departments.  He is admitted to practice in both New York and California.
Mr. Castleman focuses primarily on federal equity receiverships and complex litigation in state and federal courts.  In 2022, Mr. Castleman was appointed as Receiver over a $250 million alleged internet-based Ponzi scheme in a case brought by the CFTC in the Southern District of New York.  Under Mr. Castleman’s leadership, the receivership recovered over $150 million for the benefit of claimants, including over $90 million in cryptocurrency held overseas.
As part of the Otterbourg trial team serving as co-lead counsel to the Official Committee of Talc Creditors, Mr. Castleman helped secure dismissal of a multibillion-dollar bankruptcy of a Johnson & Johnson subsidiary (LTL) arising from J&J’s talc liabilities.  Mr. Castleman has also represented securities class action plaintiffs in ancillary bankruptcy proceedings.
Mr. Castleman also served as an Assistant Attorney General in the New York Investor Protection Bureau, where he helped achieve a groundbreaking, complex $714 million global settlement.  After clerking for Judge Deborah Cook on the United States Court of Appeals for the Sixth Circuit, Mr. Castleman spent many years at a large New York law firm, where he represented a major national bank in the resolution of billions of dollars of mortgage-related claims arising out of the 2007-08 financial crisis.
Mr. Castleman is the vice-chair of the ABA’s Business Bankruptcy Committee’s Derivatives and Digital Assets Subcommittee, the co-chair of the Amicus Committee of the National Association of Federal Equity Receivers, and is a member of the Federal Bar Council and the Wall Street Blockchain Alliance.
 
About Navigating Receiverships
Navigating Receiverships is a podcast brought to you by the Commercial Receivers Association.  Navigating Receiverships brings stories from different receivership and insolvency actions in which our members came into a difficult situation and were able to successfully navigate the landscape.  Our members share their story in an effort to both educate and entertain our listeners.

Navigating Receiverships with Thomas Halm of Offit Kurman

Thomas Halm joins Navigating Receiverships to discuss a particularly interesting receivership involving theft, betrayal, and an exploding breast implant... oh, and it happened to be the first receivership case Thomas ever worked on.  Needless to say, he was hooked.
 
About Thomas Halm
Thomas W. Halm, Jr. is counsel in the firm's Distressed Real Estate Practice Group. With almost 30 years of experience as a commercial litigator specializing in creditors’ rights, Tom serves as a trusted advisor to financial institutions, investment firms, private lenders, mortgage servicers, special servicers, receivers, asset purchasers/sellers, creditors and others in the financial service industry. He represents clients in a wide range of matters from the pre-default stage through recovery with a focus on commercial real estate backed debt, securitized loans and troubled mortgage loans, including but not limited to foreclosures, bankruptcies, collections, loan modifications, workouts, strategic restructurings, deeds in lieu of foreclosure, fraudulent transfers and insolvency proceedings. In connection with these representations, Tom routinely drafts and negotiates complex legal documents including but not limited to loan restructurings and modification agreements, forbearance agreements, loan documentation, deeds, use and occupancy agreements, non-disclosure and confidentiality agreements, purchase and sale agreements and assignment documentation.
Tom also has represented or served as a state court receiver in several of the state’s most high-profile ponzi scheme matters brought by the State of New Jersey Bureau of Securities where his principal responsibilities included investigating alleged noncompliance with state securities law and developing strategies for recovery of funds owed to defrauded investors and creditors; forensic review of corporate records and bank account statements to locate, retrieve and liquidate secreted assets nationwide including instituting fraudulent transfer litigation; and establishing and facilitating claims submission and review process including reviewing corporate records and documentation to establish validity of disputed claims.
 
About Navigating Receiverships
Navigating Receiverships is a podcast brought to you by the Commercial Receivers Association.  Navigating Receiverships brings stories from different receivership and insolvency actions in which our members came into a difficult situation and were able to successfully navigate the landscape.  Our members share their story in an effort to both educate and entertain our listeners.

Navigating Receiverships with Mark Silverman of Troutman Pepper Locke

Mark Silverman joins Navigating Receiverships to discuss a unique and challenging style of receivership in Chicago in which the city appoints the receiver to take control of the property and self-fund the renovations, but in turn sell the building free and clear of liens and receive the financial benefit of the upgrades.
 
About Mark Silverman
Mark represents national financial institutions, CMBS special servicers, fintech companies, and non-bank lenders in complex loan workouts, creditors’ rights, loan enforcement, and bankruptcy matters. His aggressive approach and track record in complex foreclosures and guarantor litigation make him an ally for clients seeking to recover commercial debts and resolve distressed financial disputes.
Mark helps clients recover what they are owed when borrowers and guarantors fail to meet their obligations. He 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. Mark’s bankruptcy work includes representing secured and unsecured creditors in preference claims. His diverse practice includes helping clients resolve contract disputes, post-judgment collections, fraudulent transfer claims, complex business divorce issues, and other commercial litigation.
Mark’s holistic approach helps him to work backward from the desired outcome to determine the most effective recovery strategy, whether through foreclosure, receivership, or loan workouts. He negotiates loan sales, pursues complex loan enforcement actions, defends against lender liability claims, and is also highly regarded for representing receivers in complex scenarios.
Mark frequently speaks, writes, and comments on the CMBS industry and loan enforcement topics.
 
About Navigating Receiverships
Navigating Receiverships is a podcast brought to you by the Commercial Receivers Association.  Navigating Receiverships brings stories from different receivership and insolvency actions in which our members came into a difficult situation and were able to successfully navigate the landscape.  Our members share their story in an effort to both educate and entertain our listeners.

Navigating Receiverships with Peter Davis of JS Held

Peter Davis, Senior Managing Director at J.S. Held LLC, joins Navigating Receiverships to discuss his experience as receiver of an Arizona School District.
 
 
 
About Peter Davis
Peter Davis , Senior Managing Director at J.S. Held LLC, has over 25 years of litigation experience in areas including complex receiverships, forensic accountings, restructurings, fraud detection, bankruptcy matters, valuations, and damages. Mr. Davis has served as Receiver in regulatory matters brought by the U.S. Securities and Exchange Commission, Federal Trade Commission, Arizona Corporation Commission, and the Arizona State Board of Education, as well as lenders and equity holders.
Mr. Davis’s areas of expertise include understanding and interpreting complex financial data, fraud detection, turnaround, and determining damages. Mr. Davis has provided expert testimony in numerous Federal, Bankruptcy, and State court matters.
Mr. Davis is currently serving on the Board of Directors of the Arizona Bar Foundation (Arizona Foundation for Legal Services & Education), whose mission is to provide access to justice for all Arizonans.
Mr. Davis has taught on the subject of forensic accounting and receiverships at Arizona State University and has provided training on forensic accounting and receiverships to numerous organizations.
Mr. Davis oversaw the first cannabis receivership in Arizona.
 
About Navigating Receiverships
Navigating Receiverships is a podcast brought to you by the Commercial Receivers Association.  Navigating Receiverships brings stories from different receivership and insolvency actions in which our members came into a difficult situation and were able to successfully navigate the landscape.  Our members share their story in an effort to both educate and entertain our listeners.

Navigating Receiverships with Marc Fischer of InspiRE CRE

 
Marc Fischer of InspiRE CRE joins Navigating Receiverships to talk through a unique and complex receivership involving multiple properties, changing tenants, the federal government, and an inability to fund the TI build out for the incoming tenants.
 
About Marc Fischer
Marc is a Senior Commercial Real Estate Executive with proven success building and leading high-performance teams, delivering exceptional financial results for the business unit, and adding portfolio value for office, industrial, retail, and mixed-use properties through measurable gains in occupancy, tenant retention, and cost control.
Marc founded InspiRE Commercial Real Estate Services in 2015 to provide a fresh approach to real estate management through thought leadership, innovation, hard work and the pursuit of excellence.  Marc helps clients develop and execute solid real estate strategies in the areas of asset management, property and facilities management, construction management and advisory services. In addition, as an accomplished author, a sought-after speaker, and a talented instructor, Marc inspires others to become the best and brightest talent in the real estate industry.
In a complex world that is constantly changing, InspiRE is committed to helping investors in, and occupiers of, commercial real estate – to understand and navigate the intricacies of real estate decision making. InspiRE develops enduring client relationships built on quality service, collaboration, and trust, and we deliver integrated commercial real estate services that leverage our unique insight and foresight, sound market research, and relevant knowledge.
Learn more at: www.inspirecre.com
 
About Navigating Receiverships
Navigating Receiverships is a podcast brought to you by the Commercial Receivers Association.  Navigating Receiverships brings stories from different receivership and insolvency actions in which our members came into a difficult situation and were able to successfully navigate the landscape.  Our members share their story in an effort to both educate and entertain our listeners.

Navigating Receiverships with Stephen Donell of FedReceiver

Stephen Donell of FedReceiver joins Navigating Receiverships to discuss a state court receivership that spanned 5 states and trickled into Canada as the defendant continuously moved property in an effort to prevent the receiver from doing his job.
 
About Stephen Donell
With approximately twenty five years of experience as a court appointed receiver, Stephen has administered in excess of 900 receivership and partition referee matters in both state and federal courts throughout the country. Stephen has also been appointed as provisional director, provisional member, dissolution manager and probate administrator.Stephen is a Past President of the Los Angeles/Orange County chapter of the California Receiver's Forum and Past President of the National Association of Federal Equity Receivers. Stephen is also an expert witness and has provided expert witness services in the areas of Property Management Standard of Care and Receivership Standard of Care and is President of Donell Expert Services, Inc.. Stephen is also President of Jalmar Properties, Inc., a full-service real estate management company.
 
About Navigating Receiverships
Navigating Receiverships is a podcast brought to you by the Commercial Receivers Association.  Navigating Receiverships brings stories from different receivership and insolvency actions in which our members came into a difficult situation and were able to successfully navigate the landscape.  Our members share their story in an effort to both educate and entertain our listeners.

Navigating Receiverships with Alex Moglia of Moglia Advisors

Alex Moglia of Moglia Advisors joins Navigating Receiverships to discuss a Tennessee receivership in which he took over a printing company.
 
About Alex Moglia
Alex D. Moglia is highly-regarded as chief restructuring officer,financial advisor, litigation expert witness, state and federal receiver,bankruptcy trustee, liquidating trustee, assignee for the benefit ofcreditors, fraud recovery expert, and special situations M&A advisor.
Prior to founding Moglia Advisors, Alex held executive positions withContinental Illinois National Bank and CNW Corporation,the latter apublicly-traded company with finance, transportation andmanufacturing operations. Initially, he was an attorney with Winston &Strawn, before leaving the practice of law in 1983.
About Navigating Receiverships
Navigating Receiverships is a podcast brought to you by the Commercial Receivers Association.  Navigating Receiverships brings stories from different receivership and insolvency actions in which our members came into a difficult situation and were able to successfully navigate the landscape.  Our members share their story in an effort to both educate and entertain our listeners.

Navigating Receiverships with Matthew Brash of Newpoint Advisors

Matthew Brash of Newpoint Advisors joins Navigating Receiverships to discuss his Bucket Truck Receivership that included both fraud and intent to deceive and prevent the receiver from doing his job.
 
About Matthew Brash
Matthew Brash is a Senior Managing Director and lead professional of Newpoint’s TRAIL (Trustee, Receivership, Assignee, Interim Management, Liquidation) platform. He also serves as the SBRA Subchapter V Trustee at United States Trustee Program for the Northern District of Illinois, Eastern Division. Matthew works with companies, national and global commercial lenders, private equity firms, and key stakeholders in various turnaround stages. He meets each project with the goal of maximizing recovery and finding closure, efficiently and successfully. With a decade of experience, he is well-known and a go-to source in situations which require immediate deployment, strong management, communication and performance. He thrives on finding value where one believes there is little to none.
 
About Navigating Receiverships
Navigating Receiverships is a podcast brought to you by the Commercial Receivers Association.  Navigating Receiverships brings stories from different receivership and insolvency actions in which our members came into a difficult situation and were able to successfully navigate the landscape.  Our members share their story in an effort to both educate and entertain our listeners.