Businesses and individuals alike sometimes find themselves in dire financial straits. We have substantial experience representing clients on both sides of these issues, whether lenders or creditors needing to get paid, or borrowers and debtors needing a path out of financial distress. We regularly represent clients seeking to enforce their rights, secure assets and collateral, and get paid from troubled debtors, both before, during and after bankruptcies. We regularly litigate lien and foreclosure cases, negotiate forbearance and workout agreements, and handle bankruptcy proofs of claim, plans and cram-downs, and discharge disputes. We have the skill and determination to help our clients secure and recover assets through pre- and post-judgment enforcement proceedings.
- Litigated claims of equitable subrogation, fraudulent transfers, breach of fiduciary duties and misrepresentation resulting in very favorable settlement for major creditor following sudden closure of CompUSA
- Representing client in investigation by Bankruptcy Examiner in multi-district bankruptcy, securities, and fraud proceedings arising from 2005 collapse of Refco, Inc.
- Represented creditor in opposing Canadian debtor’s attempt to require continued business relationship and recapture of collateral through Chapter 15 bankruptcy proceedings in the United States
- The favorable settlement weeks before trial of a lawsuit demanding that the client return an alleged seven-figure preferential transfer to a bankruptcy estate
- Represent secured lenders in both chapter 7 and chapter 11 matters in bankruptcy court, including applying for motions for relief from the automatic stay to enforce remedies provided by various loan documents
- Represented General Electric Capital Corporation relating to $160 million defaulted loan, both in a contested chapter 11 proceeding objecting to plan confirmation and in state court litigation enforcing limited recourse guarantees relating to a large portfolio of apartment buildings located in three different states
- Obtained the coordinated appointment of a receiver for six different commercial shopping centers located across California in a highly publicized bankruptcy of the primary borrower
- As lead counsel in appeal from bankruptcy court action, successfully compelled arbitration of multi-million dollar fraud and fiduciary duty claims in connection with telecommunications contract (In Re Gurga, 176 B.R. 196)