Bankruptcy and Creditors’ Rights
Our Bankruptcy and Creditors’ Rights attorneys have a wealth of experience in creditors’ rights representing secured lenders in and outside of bankruptcy in multiple jurisdictions with foreclosures and workouts related to commercial loan defaults, other troubled loans, distressed assets, the appointment of receivers, and other prejudgment remedies as well as fiduciaries in receiverships.
Our Bankruptcy and Creditors’ Rights attorneys have pursued and defended all types of litigation and contested matters in bankruptcy proceedings and adversary proceedings for debtors, creditors, committees, receivers, trustees, post-confirmation trusts, and defendants, from “mega cases” to smaller, individual matters. Through litigation, we have achieved significant results for clients, including successfully confirming and opposing plans of reorganization, increasing recoveries to unsecured creditors, slashing administrative liabilities, and confirming a secured lender’s competing plan of reorganization at a contested confirmation hearing.
We have advised a wide range of clients, from large multinational corporations to insiders of small businesses and across industries, including financial institutions, real estate, technology, manufacturing, retail, structured finance and other professional corporations. Our experience in numerous industries enables us to quickly understand the complexities of our client’s business, and its operations, and to help clients implement strategic plans to successfully navigate bankruptcy, restructuring and insolvency proceedings.
Our team draws upon the multidisciplinary skills of attorneys across our practice groups, including Banking & Debt Finance, Real Estate, Business Law, and Employment Law. We are prepared to handle all issues that arise in the insolvency setting.
Some of the matters we have handled include:
Commercial Loan Workouts and Restructurings
- Represent lenders, financial institutions, servicers, investors, and borrowers in out-of-court workouts and restructurings
- Advise and oversee nonjudicial foreclosure proceedings on real property collateral throughout California and other jurisdictions
- Litigate actions for secured creditors involving commercial loan defaults and distressed assets against borrowers and guarantors in multiple jurisdictions
- Appoint receivers to oversee commercial real estate collateral during foreclosure proceedings to avoid misappropriation of rents and to stabilize collateral cash flow
Chapter 11 Reorganizations and Liquidations
- Represent secured and unsecured creditors in all aspects of Chapter 11 cases
- Prosecute or defend motions to dismiss bankruptcy proceedings
- Prosecute objections to Chapter 11 plans to protect or preserve client interests or claims
- Negotiate liquidating or reorganization plans to incorporate and effectuate global settlement agreements
Creditor Remedies
- Prosecute and defend objections to proofs of claim
- Prosecute and defend setoffs and recoupment claims
- Pre-bankruptcy settlements of disputes and recovery actions
- Negotiate settlements allowing secured, unsecured, priority, and administrative expense claims, including recovery of attorney’s fees
- Prosecute critical vendor, reclamation, and bankruptcy priority claims for sales of goods
- Prosecute motions for relief from stay
Contract and Lease Disputes
- Represent contract parties in a variety of disputes regarding assumption, assignment, and rejection of executory contracts and leases
- Litigate and resolve claims for post-petition rents, royalties, and other contract amounts owing, cures of contract defaults, and rejection damages claims
- Litigate enforcement actions to terminate debtor contracts and leases, to prevent assumption and assignment of contracts or leases, to avoid liability for failure to perform post-bankruptcy contracts, and to respond to ongoing debtor defaults
Real Estate Matters
- Prosecute motions for relief from stay to foreclose on liens
- Object to debtor use of cash collateral without adequate protection
- Object to Chapter 11 plans or debtor valuation motions to preserve client secured claims
- Litigate actions against guarantors of secured real estate loans
Sales and Acquisitions in Bankruptcy and Receiverships
- Advise buyers in negotiating purchase of assets from financially troubled sellers
- Represent buyers and sellers in bankruptcy cases and receiverships
- Negotiate sales free and clear of liens and claims
- Negotiate bidding procedures and stalking horse protections
Avoidance Actions
- Prosecute and defend preference, turnover, fraudulent conveyance, and other avoidance actions
