Bankruptcy

We have substantial expertise in representing major constituents in bankruptcy matters, including debtors, secured and unsecured creditors, trustees, receivers, creditors’ committees, debtors and purchasers in bankruptcy proceedings.  In particular, our attorneys are experienced in the prosecution and defense of fraudulent transfer claims and complex preference issues.  Our attorneys have in-depth experience with complex, cross-border bankruptcy issues, and we have represented both lenders and borrowers in loan workouts for non-performing and distressed commercial loans that require judicial intervention.

 

    • Claim Allowance, Estimation, and Objection
    • Creditor’s Rights and Provisional Remedies
    • Preference and Fraudulent Transfer Litigation
    • Purchase and Sale of Property
    • Reorganization and Liquidation
    • Preserved creditor’s $5.4 million claim against a bankruptcy estate by successfully opposing a party’s motion to disallow the claim.
    • Represented bank in action against borrower for appointment of receiver and possession of collateral, obtaining Temporary Restraining Order prohibiting borrower from dissipating the bank’s collateral pending appointment of a receiver, which was critical to client’s ultimate recovery.
    • Represented community bank in debtor’s bad faith Chapter 11 bankruptcy, obtaining emergency order dismissing the bankruptcy with 180-day bar to re-filing, which permitted the bank to foreclose on its collateral expeditiously.
    • Represented secured creditor in debtor’s Chapter 11 bankruptcy, defeating debtor’s motion to obtain post-petition financing secured by a priming lien with priority over the creditor’s deed of trust on debtor’s real property after several days of trial regarding feasibility of debtor’s proposed real estate development project.
    • Represented Chapter 7 trustee in fraudulent transfer action against transferee of debtor’s multi-million dollar jewelry collection, obtaining summary judgment in client’s favor which was upheld by the Bankruptcy Appellate Panel and the Ninth Circuit on appeal.
    • Represented distributor of computer products as counsel for debtor in possession in a Chapter 11 case involving complex transnational issues, confirming a Plan of Liquidation over the objections of class action plaintiffs asserting claims exceeding $2 billion after several days of trial.
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