Bankruptcy
We represent a variety of creditors in bankruptcy cases. We also represent Chapter 11 debtors. Our attorneys have experience in obtaining relief from the automatic stay, negotiating the terms for agreements for adequate protection, the use of cash collateral, and obtaining the appropriate treatment of leases and executory contracts. In addition, we service our clients through negotiating terms for appropriate treatment in bankruptcy plans, litigating the determination of the dischargeability of debts, defending creditors against avoidance actions and other actions necessary to assure that our bankruptcy case clients receive the best possible outcome.
Insolvency / Financial Workouts
We have extensive experience in structuring and advising both creditors and debtors in problem loan workouts, out-of-court creditor compositions, assignments for the benefit of creditors and receiverships.
Creditors’ Rights
Distinct from the bankruptcy services of the firm, our attorneys are skilled in all areas of creditors’ rights. Clients include various financial institutions, insurance companies, leasing and finance companies, and other entities interested in preserving and enforcing their rights as creditors. Our attorneys routinely advise creditors regarding their rights and remedies under the Uniform Commercial Code, foreclosures and other types of recovery of real and personal property, secured transactions and other areas of commercial law.
Representative Cases
- Representation of creditor committees in Chapter 11 proceedings.
- Represented an investor in a bankruptcy matter. Mr. Blohorn marked up environmental cleanup invoices 15% pursuant to Floridastatute and applied for reimbursement from the state. The contractor's bankruptcy trustee later claimed that all of the $10 million due Mr. Blohorn from the state was property of the contractor's bankruptcy estate under section 547. The trustee argued that Mr. Blohorn had not perfected his security interest by filing UCC-1 forms, and thus the trustee obtained a perfect lien over the $10 million when the bankruptcy was filed. District Court reversed Bankruptcy Court and awarded entire $10 million to Mr. Blohorn. The Ninth Circuit affirmed the District Court. Omega Environmental, Inc. v. Blohorn, No. 00-35211, 2001 WL 1356831 (9th Cir. Nov. 5, 2001).
- Defended a two debt resolution companies in bankruptcy matter. Our clients were sued by the trustee for the bankruptcy estate to recover funds paid by the debtor to our clients to resolve their debts, under a fraudulent conveyances theory. We were able to favorably settle the claim filed by the trustee for less than the alleged amount allegedly fraudulently conveyed.
