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Platte, Klarsfeld, Levine & Lachtman, LLP is a law firm that was formed several years ago by lawyers who have each practiced law for more than twenty years in New York and who have worked for leading firms in New York. The firm is a general practice firm with a concentration in commercial and business transactions, real estate matters, landlord-tenant litigation and general corporate and litigation aspects of law. The practice is particularly strong in the areas of residential and commercial real estate transactions, acquisitions and sales, leasing, loan restructuring/workouts, real estate related bankruptcies, foreclosures, finance-lending, leasing, asset protection planning and asset divestitures and landlord/tenant matters.
We are a firm of seasoned practitioners that have the intellectual capacity, hands-on experience, legal and business acumen and commitment to offer our clients superlative legal services, resources and staffing to meet their needs. We can provide top quality legal services at cost effective rates.
We are innovative, skilled and enthusiastic attorneys who bring a refreshing veracity and level of morality to our client representation perhaps not commonly found in the legal community today.
We are all alumni of the finest real estate and litigation legal practices in the United States. As such, we have represented notable lenders, real estate developers, owners and management companies, and have been retained as special counsel by several prominent law firms in New York.
The following is a detailed breakdown of our areas of practice (click a link below to jump down):
REAL ESTATE
BANKRUPTCY AND DEBTOR-CREDITOR
LAW
ASSET PROTECTION PLANNING/ASSET
DIVESTITURES
MORTGAGE FORECLOSURE/JUDGEMENT
COLLECTION AND ATTACHMENT
GENERAL AND CORPORATE LITIGATION
CORPORATE TRANSACTIONS
We have substantial expertise in all areas of real estate law including
sales and acquisitions,
commercial and residential landlord-tenant, institutional and private
lending, leasing, real estate development, and real estate litigation
including prosecuting foreclosure actions. We take primary responsibility
for all aspects of major transactions, from inception to closing, representing
both significant lenders and prominent developers. Our experience includes
the negotiation, preparation, review and revision of documents, instruments
and agreements in connection with the acquisition, sale, development,
leasing and financing of commercial, industrial, hotel, casino and residential
real estate.
A. Landlord-Tenant Law:
We are familiar with all areas of commercial and residential landlord-tenant law. Our practice includes prosecuting non-payment and holdover proceedings, commercial evictions, and material lease default litigation for several major New York management companies and developer/owners.
B. Loan and Debt Restructuring:
Reflecting the economic climate of today, our expertise includes developing claims for lender liability, loan and debt restructuring and general real estate and corporate workouts. We have substantial experience in restructuring complex real estate and business financing transactions and asset divestitures including the structuring and negotiation of settlement agreements, loan modification agreements, surrender agreements and agreements relating to deed in lieu transactions. Our workout expertise requires us to utilize the Bankruptcy Code and thoroughly understand the overall bankruptcy issues involved in loan workout transactions. Our approach towards collateral evaluation, in restructuring secured loan transactions, includes the use and analysis of appraisals and cash flow statements, which enables us to effectively negotiate and properly restructure the transaction.
C. Institutional and Private Lenders:
We take primary responsibility for all aspects involved in the financing of real estate and asset based lending projects. We have represented major lenders, as well as private "hard money" and secondary market lenders. We also have represented borrowers in connection with numerous complex and diverse types of business and real estate financing including refinancings, first and subordinate mortgage loans and unsecured and secured lines of credit. We have been involved in unsecured financing, mortgage and corporate lending transactions involving equity participations, equity joint venture arrangements and equity syndications. We are expert at drafting and negotiating loan documentation and conducting closings related thereto. We have also represented major lenders in workouts and real estate litigation.
D. Sales & Purchases:
We have conducted numerous closings on real estate acquisitions and dispositions of various properties such as shopping centers, nursing homes, motels, office complexes, residential properties, warehouses, commercial properties and mixed-use properties. We have implemented sophisticated transfer techniques including tax-free exchanges and net lease transfers.
E. Cooperatives and Condominiums:
We draft and prepare condominium and cooperative offering plan documents working in conjunction with the New York State Department of Law Real Estate Financing Bureau representing cooperative and condominium sponsors. In addition, we represent condominium associations, cooperative corporations and individual tenants in connection with general litigation, leasing, closings and refinancings.
F. Leasing:
We have structured, negotiated and completed numerous and complex shopping center leases, restaurant leases, retail store leases, office leases and residential leases for both tenants and landlords in the New York Metropolitan Area and across the country.
G. Construction Law:
We have negotiated and completed numerous construction agreements involving developers, commercial tenants, architects, construction managers and general contractors, including those involving AIA Contracts in the New York Metropolitan Area.
H. Due Diligence:
We also provide expertise in conducting all or parts of due diligence investigations for corporate and real estate acquisitions and financing, including the review and analysis of title reports and underlying title documents, surveys, space leases, furniture, fixtures and equipment leases and service contracts.
II. BANKRUPTCY AND DEBTOR-CREDITOR LAW:
Our area of expertise includes a significant bankruptcy practice. We have a considerable range of experience in representing creditors and debtors. We have negotiated debt and equity restructurings involving real estate projects and corporations. We have prepared and negotiated documents in connection with Chapter 11 and Chapter 7 plans, "cram downs", super-priority liens, D.I.P. loans, post petition liens and loans. We have substantial experience in "lift-stay" motions involving state foreclosure actions. We have experience in bankruptcy matters involving fraudulent conveyance actions, mortgage foreclosures and preference recoveries.
III. ASSET PROTECTION PLANNING/ASSET DIVESTITURES:
Many of our clients are faced with certain economic or social considerations such as marital or creditor oriented issues. As such, we have become proficient in protecting and preserving our clients assets by developing substantial expertise in the following areas: the use of trusts, single-purpose corporations, off-shore banking and Federal Bankruptcy exemptions.
IV. MORTGAGE FORECLOSURE/JUDGEMENT COLLECTION AND ATTACHMENT:
We have substantial expertise in the preparation of foreclosure complaints, motions for the appointment of receivers, and related litigation documents including the preparation of complaints in connection with enforcing personal guaranties and promissory notes. We have the ability to take a matter from the demand for payment stage all the way through to entry of judgment and thereafter, utilizing, among other procedures, supplementary proceedings, information subpoenas and restraining notices in order to enforce judgments.
V. GENERAL AND CORPORATE LITIGATION:
Our broad based litigation practice includes the prosecution and defense of matters on behalf of partnerships, corporations, significant lenders, real estate developers and individuals before State and Federal courts, as well as government, regulatory and enforcement agencies. Experience has brought us a broad realm of cases including all types of general and real estate litigation, Article 78 Proceedings, general corporate work, collections, partnership disputes, lender liability litigation, corporate dissolutions and derivative suits.
We regularly advise and counsel clients as to the cost benefits, time frame and merits of litigation versus potential settlement. We also closely monitor matters and advise our clients as to the choices of equitable and legal remedies available to them.
We provide a full range of corporate counseling and services to our clients including organizing and structuring business entities, mergers and acquisitions work, bank and corporate financing, restructuring of debt and equity, and the preparation and negotiation of agreements such as partnership agreements, shareholder agreements, employment contracts, license agreements, lease agreements, equipment agreements, franchise agreements and distribution agreements.
In a typical representation of a corporation, we will handle the formation of the corporation, prepare shareholder agreements and tax election forms, negotiate bank or other financing, negotiate various advertising and distribution agreements, and advise on employment, trademark and other issues.
Transactions Create a Network:
In handling and closing hundreds of transactions, we have built an extensive network of highly qualified professionals to assist us and offer their experience, including private developers, bankers, investment advisors, title companies, business consultants, marketing experts, estate planners, architects, contractors, engineers, mortgage bankers, appraisers, and accountants. We integrate these experts with our practice so that we can provide top quality work at cost effective rates, and more importantly, can advise our clients so they can minimize their problems and maximize their economic and social situations.
