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CrossHarbor Capital Spanish Peaks Holdings II LLC Litigation

Representation of CrossHarbor Capital as first mortgagee and buyer in the Spanish Peaks Holdings II LLC case.  Assisted CrossHarbor to acquire the debtor’s real property and to obtain the cash proceeds of the sale pursuant to its first mortgage lien, including resolving disputes with the trustee and a major construction lienholder, and successful litigation with the debtor’s insider concerning leases on the property which CH SP acquired.  The lease litigation involved appeals up to the United States Court of Appeals for the Ninth Circuit, resulting in a favorable decision for CrossHarbor on an issue of first impression as to when a sale of property can be free and clear of leasehold interests.