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.