Debt Restructuring

Workouts

In recent years, both debtors and creditors want to first try to find a way to deal with a troubled business situation without resorting to court intervention. Our firm has participated in negotiating workouts and turnarounds of troubled businesses outside of bankruptcy or other litigation. This often saves expense and preserves of going concern value that might be seriously diminished when a troubled business files chapter 11.

Bankruptcy

Chapter 11

Sometimes chapter 11 provides the best option for dealing with a troubled business situation. We have represented scores of companies and individuals as debtors in chapter 11 cases and have achieved an outstanding record of successfully achieving the goals of the clients. Our clients have included high-tech companies, real estate developers, retail businesses, and individuals. Our practice is not limited to debtors; we have also promptly and forcefully responded to the needs of our creditor clients when one of their debtors is either threatening or has filed a bankruptcy petition.

Creditors' Committees

Some of the most challenging work that bankruptcy attorneys can take on is representing committees of creditors, and we have done that on many occasions. This kind of representation is especially difficult because the availability of information for the committee and its counsel is sometimes limited, obscured or outright hidden. Our extensive familiarity with bankruptcy law and procedure, coupled with our strong litigation department, enables us to find the information committees need to properly and vigorously represent their constituencies.

Chapter 7

Liquidation of a business is of times the only real alternative to adverse financial or economic conditions. Our firm has extensive experience in helping debtor clients through this process. We will use all available means to maximize legal exemptions to assist our clients resuming their lives.

Litigation and Appeals

Because of our strong base in bankruptcy law, we have frequently been called in to represent clients who have become involved in adversary proceedings or contested matters in a bankruptcy case. These instances often involve avoidance of preferential and fraudulent transfers. When representing the defendants in those actions, we have often been successful in defeating the avoidance claim entirely or in negotiating a very favorable result for our client. We also represents both creditors and debtors in actions regarding dischargeability of debts. The combination of strong bankruptcy and litigation skills gives our firm a strong base for knowing when a debt might be excepted from a debtor's discharge and how to best advocate the interests of our client in such an action. We have successfully handled a number of appeals through all stages, including at the Ninth Circuit Court of Appeals.

Asset Sales and Purchases

Buying assets from a troubled business requires due consideration of, and strategies for dealing with, the real and potential troubles that might arise in that kind of transaction and which would not be a factor when not dealing with troubled businesses. We have represented many buyers of assets from troubled companies, assisting in the negotiations of the deals and drafting of sales documents. We know when these sales should best be completed in or out of bankruptcy so that our clients' interests are best met and protected.

Creation, Perfection and Enforcement of Security Interests

Our work in the bankruptcy arena involves a thorough knowledge of personal and real property security interests. We know the pitfalls that can upset what might otherwise appear to be a proper relationship between secured creditors and their debtors, and we can provide advice and assistance to both creditors and debtors in the creation, perfection and, if necessary, the enforcement of security interests.

Commercial Litigation

Litigation and Appeals

Besides bankruptcy-related litigation, we also represent clients in a wide variety of business, contract dispute and commercial matters. Our attorneys have extensive trial experience for both jury and non-jury matters, in both state and Federal courts, in a variety of litigation contexts including fraud actions, commercial collections, personal injury claims, real estate disputes and breach of contract suits. We routinely litigate matters in opposition to law firms many times larger than our own firm. We have won and collected substantial judgments for our clients. We have also successfully handled appeals through all stages in both state court and Federal court jurisdictions.

Mediation/Arbitration

Where required or desired, we also represent clients in mediation or arbitration of business disputes and commercial matters. Our attorneys also have extensive mediation and arbitration experience in a wide variety of litigation contexts.

Commercial/Real Estate Transactions

Business Asset Sales and Purchases

Outside any bankruptcy context, our firm has had substantial experience in assisting clients who are buying or selling their businesses or related assets. We believe that our bankruptcy expertise has particular value in these circumstances, since we have often seen the dire results of an improperly or inadequately documented sale during a subsequent bankruptcy proceeding.

Secured Transactions

As with asset sales, our firm has had substantial experience in assisting clients in securitizing transactions. Again, we believe that our bankruptcy expertise has particular value in these circumstances, since we have often seen the dire results of an improperly or inadequately documented security during a subsequent bankruptcy proceeding.

Real Estate Sales/Leases

Finally, our firm has had substantial experience in assisting clients who are buying, selling or leasing real estate, and we believe that our bankruptcy expertise has particular value in the secircumstances, since we have often seen the dire results of an improperly or inadequately documented sale or lease during a subsequent bankruptcy proceeding.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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