International Insolvency

• Special counsel in Chapter 11 bankruptcy case pending in Dayton, Ohio to protect Debtor’s assets in Germany from collection efforts by its major creditor. 

Fiduciary

• Appointed as the Plan Agent responsible to distribute $2 million to creditors for the emsCharts bankruptcy case which was pending in Pittsburgh, Pennsylvania.
• Appointed creditor representative in post-confirmation plan of reorganization.

Ponzi Scheme Litigation / Avoidance Actions

• Successfully represented client to resolve alleged fraudulent transfer action commenced by Federal Receiver.
• Represented successor Chapter 7 trustee to prosecute Ponzi scheme avoidance actions before the bankruptcy court and on appellate review.

Bankruptcy Cases and Creditor Rights Representation

• Represents Treetop Development LLC, as a debtor and debtor-in-possession, in connection with its chapter 11 bankruptcy case.
• Represented California-based Renovate America, Inc. and Personal Energy Finance, Inc. as debtor and debtor in possession in their chapter 11 bankruptcy case, which included the sale of substantially all of the assets of Renovate’s consumer lending business for home improvement projects, recovery and liquidation of assets, and related case issues.
• Represented BH Properties as Chapter 11 DIP lender in California Nevada Methodist Homes bankruptcy case, filed in Oakland, California.
• Retained as co-counsel in the Ironclad bankruptcy case in the Central District of California to represent the stalking horse bidder, who purchased a secured lien against the debtor pre-petition.
• Successfully represented lender as Plaintiff in adversary proceeding to substantively consolidate 7 non-debtor entities and 3 non-debtor individuals into Chapter 7 estate.
• Successfully represented lender in lender liability adversary proceeding which resulted in a published opinion.
• Effectively represent commercial landlords in bankruptcy cases throughout the U.S.
• Represent various factors in all aspects of insolvency issues to preserve lien position.
• Lead bankruptcy counsel and ongoing representation of global provider of professional information and software in all aspects of bankruptcy cases including assumption of executory contracts and defense of avoidance actions.
• Develop aggressive strategies for lenders to enforce secured creditor rights.
• Successfully represented lender in Chapter 11 bankruptcy estate to enforce creditor’s rights regarding whether the automatic stay tolls the right of redemption subsequent to a judicial foreclosure.
• Represented several media vendors in KSL bankruptcy estate to defend proofs of claim and collection demands by Chapter 7 trustee related to media vendor’s advance payment of money placement services and media buys.
• Successfully represented Imagine Nation in Wisconsin Bankruptcy Court to enforce pre-petition judgment for fraud and embezzlement.
• Represented JLG Industries in Chapter 11 proceedings and related Chapter 7 bankruptcy case of guarantor, which resulted in non-dischargeable judgment for more than $4.5 million.
• Represented a wholesale distributor as member of creditor’s committee in the RCR Plumbing and Mechanical Chapter 11 bankruptcy case.
• Represented Tully’s Coffee (prior to its own Chapter 11 proceedings) to enforce its rights against Debtor for violations of franchising law and intellectual property.
• Represented the architect for a large mix use resident/retail real estate development known as “The Concerto” located in the heart of downtown Los Angeles, to enforce its mechanic lien and intellectual property rights.
• Represented founder, President, and Chief Executive Officer of a distributor of consumer electronics with gross revenues of approximately $20 million in connection with all facets of companies’ Chapter 11 bankruptcy cases, including critical strategic planning with respect to $45 million federal court judgment against Debtor-companies and their President.

Purchasers of Assets of Distressed Companies

• Successfully represented PlanetArt in all aspects of its purchaser of Personal Creations assets from FTD bankruptcy case for $18.1 million. Representation continued to attend to post-closing issues, including transitional service agreement and agreements with third party supplies and vendors.
• Successfully represented stalking horse bidder to purchase Golfsmith International Headquarters for $20.5 million.
• Successfully represented buyer of assets and acquirer of claim in technology oriented bankruptcy proceeding.
• Represented buyer as a stocking horse bidder in its purchase of six warehouses for almost $40 million from the RadioShack bankruptcy estate.

Franchising 

• Represent various franchisors in all aspects of out of court workouts and during bankruptcy proceedings, including contested cash collateral, executory contract issues, dispute sale transactions and alternative dispute resolution.

Health Care

• Represented health care specialty client to enforce and recover outstanding secured loans from various insolvent health care facilities.

Corporate Governance

• Represented members of the board of directors regarding their fiduciary duties during company’s insolvency and distressed sale process.