Biography

James B. Heffernan, an associate with the firm, practices in the area of commercial real estate, land use, and corporate law.  Mr. Heffernan has represented owners and developers in commercial and residential projects, from the purchase and sale of property to applying for the appropriate zoning, wetlands and planning permits.  Mr. Heffernan also advises individuals and small businesses in the formation of corporations and limited liability companies, obtaining financing, negotiation and drafting of contracts and leases, and obtaining business permits, including liquor licenses before the Massachusetts Alcoholic Beverages Control Commission and special permits before various city and town boards or committees.
 
Mr. Heffernan also has experience in bankruptcy and restructuring and has represented clients in refinancing company debt and company workouts, advised clients on various options and drafting of financial documentation, represented banks and private lenders in commercial lending transactions and creditor-sided bankruptcy disputes, and represented clients filing for chapters 7, 11, and 13 bankruptcy, including drafting and arguing various motions. 

Mr. Heffernan is proficient in written and spoken Mandarin.  He lives with his wife and son in Charlestown, Massachusetts.

Representative Matters

Represented a private commercial developer in an $8 million refinance regarding a multi-use development in Brunswick, Maine.

Successfully negotiated a long-term ground lease for a private developer in the retail sector.

Represented a major gas station and convenience store retailer before various city and town boards throughout Massachusetts.

Represented a multimillion dollar start-up with the purchase of commercial property and permitting for its new store, restaurant, and factory.

Obtained permits, including a liquor license, in Danvers, Massachusetts for a national food-chain.

Appealed Amherst Building Inspector’s cease and desist order before the Amherst Zoning Board of Appeals on behalf of a national organization.

Represented commercial landlords and tenants in successful negotiations in office, manufacturing, retail, and other general commercial leases.

Represented the Chapter 11 Trustee in The Mattapan Community Development Corporation Chapter 11 bankruptcy.

Represented JCG Foods in winning an auction in connection with an $80 million sale under section 363 of the bankruptcy code, obtaining bankruptcy court approval of the sale and entering into an Asset Purchase Agreement.

Represented condo associations throughout Massachusetts in collection of condo fees and issues involving the condominium lien law and special assessments.

Represented various local banks in Massachusetts concerning consumer credit card defaults, residential mortgage foreclosures, repossession of collateral and creditor representation in consumer bankruptcies.

Honors

Georgetown Journal of Legal Ethics, Executive Editor

Speaking Engagements & Publications

Frequent Guest Lecturer, Advance Business Law, Boston University, School of Management, 2012-present.

Speaker, "Collection Law and Bankruptcy Law," National Business Institute CLE Seminar, Springfield, Mass., April 24, 2012.

Community Involvement

Pioneer Valley Young Democrats, Political Director, 2011-2012

M. Ellen Carpenter Financial Literacy Program, Teacher, 2008-2010

Citizens Schools Eighth Grade Academy, Teacher/Mentor, 2008-2009

Professional Affiliations

Massachusetts Bar Association

Boston Bar Association

Real Estate Bar Association

New England Chinese Information and Networking Association