$150MM+ Condo Development Bankruptcy Advisory | New York, NY

Retained by defendant Gamma Real Estate’s counsel, Kramer Levin, to render expert witness opinions on the conscionability of the interest rate charged and indicia of a loan-to-own scheme in U.S. Bankruptcy Court for the Southern District of New York.

Challenges

Client was involved in a high-stake litigation with a borrower who defaulted on an acquisition/predevelopment loan secured by 428-432 East 58th Street, NYC. The borrower originally intended to develop a 314,000-gross-buildable-square-foot, 80-unit, ultra-luxury condominium property. However, multiple capitalization strategies and deteriorating market conditions impeded the borrower from moving forward, leading to a maturity default and subsequent bankruptcy filing.

Solutions

Leveraged a unique blend of academic and work experience to prepare a Declaration and Expert Report. Presented to the Bankruptcy Judge, challenging and disqualifying the plaintiff’s claims. The case ruled in favor of the defendant as a result of its total arguments.

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Gary Melman

MANAGING DIRECTOR

Gary Melman joined Eyzenberg & Company in 2024 and is responsible for
originating, structuring, and placing debt and equity capital for commercial real estate
transactions throughout the U.S.

Gary is a seasoned commercial real estate finance and investment manager with
substantial institutional experience in capital markets, financing, acquisitions, and
asset management across various asset classes during his prior roles at J.P.
Morgan, TIAA-CREF, American Realty Advisors, and PCCP.

Prior to joining Eyzenberg & Company, Gary was responsible for capital markets at
Intracorp Homes, originating and placing capital for Intracorp’s multi-family,
townhome, and condominium ground up development projects on the West Coast.

Gary received an MBA in Finance from NYU Stern School of Business, a BBA in
Finance from Pace University, and is a licensed real estate broker in California.

Email

gmelman@eyzenberg.com

D: (305) 995-0777 ext.729

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