Jacobvitz, Thuma & Walker, a professional corporation, has been representing clients since June 1993. The Firm has three principal lawyers, who each had successful careers in larger law firms before joining JTW. Mr. Robert H. Jacobvitz has practiced law in New Mexico since 1979; Mr. David T. Thuma has practiced law since 1984, and has practiced in New Mexico since 1989; and Mr. Thomas D. Walker has practiced law in New Mexico since 1985. Mr. Samuel I. Roybal and Mr. Edward A. Mazel are associate attorneys with the Firm, having joined the Firm in 2007 and 2008, respectively. Messrs. Jacobvitz, Thuma and Walker, as well as the Firm, each has the highest “AV” rating from The Martindale-Hubbell Law Directory, and Messrs Jacobvitz, Thuma and Walker are each listed in Best Lawyers in America. Mr. Jacobvitz is also a Fellow in the American College of Bankruptcy, and is listed in Southwest Superlawyers.

Firm Goals and Philosophy:

The Firm aims to combine the excellence and depth of experience of a larger firm with cost competitive benefits of a small firm. The Firm was founded in June 1993. Its clients include financial institutions, a shopping mall owner, and a wide variety of businesses, and other substantial clients. The Firm’s primary goal is to provide excellent legal services to its clients. The Firm’s lawyers have outstanding reputations in their respective fields of expertise. The Firm’s lawyers have the knowledge and experience to represent their clients well in and out of court. Each client is highly valued and given personal attention. The Firm has no “second tier” clients; every client gets the benefit of the combined talent, expertise, and knowledge of each lawyer. The Firm’s other main goal is to provide its services at a reasonable and fair cost to its clients. The Firm’s billing rates are very competitive for the Albuquerque community, and the Firm’s lawyers endeavor to perform legal services in a cost-efficient manner.

Areas of Practice:

The Firm’s practice concentrates in the areas of chapter 11 bankruptcy law (including both debtor in possession and creditor representation), loan workouts, commercial law and transactions, commercial litigation, bank lending transactions and law, loan collection, general corporate law, and real estate transactions.

● Bankruptcy: Messrs. Jacobvitz, Thuma, and Walker are very experienced in bankruptcy law. Mr. Jacobvitz has served on the Board of Directors of the Bankruptcy Law Section of the State Bar of New Mexico since 1985, is a past Chair of the Section, taught chapter 11 as Adjunct Professor at University of New Mexico Law School in the spring semester of 2004, has lectured extensively in New Mexico on bankruptcy issues, and has served as a chapter 11 and chapter 12 trustee. Mr. Walker has served on the Board of Directors of the Bankruptcy Law Section for ten years, and was Chair for two years. Mr. Thuma and Mr. Walker both speak frequently on bankruptcy law, commercial litigation and business law topics. The Firm has represented many debtors in possession, lenders, Committees, and other parties in interest in chapter 11 bankruptcy cases, trustees in chapter 7 cases, and clients in cases under other chapters of the bankruptcy code.

● Business Transactions: The Firm handles business transactions of varying size and complexity. The Firm’s lawyers have substantial experience representing clients in contract matters ranging from small amounts to many millions of dollars, both in complex and ordinary business transactions. Mr. Thuma has substantial experience in representing buyers and sellers in stock and asset purchase transactions.

● Commercial Law: The Firm represents its clients on a wide variety of commercial law issues. The Firm drafts and reviews contracts and licenses, gives advice about Uniform Commercial Code issues, reviews antitrust, FTC, and state regulatory issues, and represents clients on marketing and advertising matters. Each of the Firm’s principals has spent his legal career representing corporate and business clients in the commercial field.

● Commercial Litigation: Mr. Jacobvitz has represented private clients in commercial litigation and appellate matters, from the routine to the complex. Mr. Thuma and Mr. Walker have done extensive work for banks, commercial lessors, and other clients in commercial litigation, including foreclosure, replevin, contract disputes, business torts, collection, and related actions. The Firm’s lawyers have an extensive knowledge of Uniform Commercial Code and state lien law issues.

● Corporate Law: The Firm’s lawyers have been involved in complex matters of corporate law and governance, including issues about shareholder rights, board of director meetings, mergers, asset sales, dissenter’s rights, minority shareholder rights, and similar matters.

● Foreclosure, Loan Workouts, and Collection: The Firm has substantial experience in negotiating loan workouts, collecting defaulted loans, representing creditors in other collection matters, and foreclosing mortgages. Mr. Jacobvitz has represented secured and unsecured lenders and borrowers in loan workouts. Mr. Thuma and Mr. Walker have prosecuted foreclosure actions on commercial real estate in New Mexico, with values from $50,000 to several million dollars. Mr. Thuma also currently represents Simon Property Group, L.P. in a variety of matters involving the Cottonwood Mall in Albuquerque. Mr. Walker has represented secured lenders in foreclosure and loan workout matters, including substantial matters involving hotel and shopping center loans, automobile dealership floor plan financing, agricultural loans and residential construction loans.

● Loan Transactions: The Firm regularly represents financial institutions, closely held businesses, and individuals in negotiating and preparing loan and security documents. The Firm has represented clients (both lenders and borrowers) in loan restructuring, workouts and other financing transactions, and preparation and negotiation of loan documents and forbearence agreements, and has substantial experience in secured transactions and mortgage and lien law issues. Mr. Thuma has substantial experience representing financial institutions in the purchase and sale of loans on the secondary market.

● Real Estate: The Firm has been involved in substantial real estate transactions on behalf of lenders, purchasers, and sellers. Included in the Firm’s experience is representing Vermejo Park LLC and N.M. Ranch Properties, Inc., which are affiliated with Turner Enterprises, Inc., in the acquisition of two of the largest ranches in New Mexico (about 580,000 and 360,000 deeded acres, respectively). The Firm also has extensive experience in drafting and reviewing commercial leases. Mr. Walker is a licensed real estate broker with substantial experience in ground leases, shopping center leases, and development agreements.

Billing Rates and Policies:

The Firm’s attorneys bill their time in 1/10th hour increments, to ensure that clients pay only for work actually done. The Firm does not adjust its bills upward if the results achieved are unusually positive (so-called “value billing”), but bills only the actual time spent. Retainer arrangements are determined when the Firm is engaged. The Firm does not have lawyers “double up” on depositions, hearings, or other matters unless the lawyer in charge believes it in the client’s best interests to do so. If it appears necessary for more than one lawyer to attend a hearing, deposition, closing, or other matter, the Firm generally will consult the client in advance.

Client References:

Client references are available on request.

 

 
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