Chapter 11 Reorganizations

  • Confirmed Chapter 11 plan for automotive service chain with over fifty locations nationwide. Unsecured creditors received a distribution of over fifty cents on the dollar and ownership was preserved
  • Confirmed Chapter 11 plan for high tech company that provided for the sale of assets to a new entity controlled by shareholders and creditors
  • Confirmed Chapter 11 plan for real estate development firm. Pursuant to the plan, two failed residential developments were recapitalized, the land was entitled, and the lots were sold over a three year period. Twenty million in claims were paid in full and equity retained ownership of other core assets
  • Confirmed Chapter 11 plan for a publicly traded Real Estate Investment Trust. Pursuant to the plan, core assets were retained and rehabilitated. Unsecured creditors received a substantial distribution and new owners received issuance of equity
  • Confirmed a Chapter 11 plan for a limited partnership that owned a 325 unit apartment project. Pursuant to the plan, the project was converted into a condominium project and the units were sold. Unsecured creditors were paid and equity received a dividend

Distressed Business Sales & Financings

  • Represented debtor-in-possession lenders in various financing and acquisition transactions
  • Sold temporary services company with prepetition sales in excess of $100,000,000
  • Acquired distressed automotive services business through stock acquisition
  • Advised venture capital firm regarding the acquisition of a sporting goods company from a receivership
  • Acquired secured and unsecured loan positions for clients seeking distressed debt opportunities

Litigation Matters

  • Represented thirty California cities and counties in a litigation matter arising out of a national ponzi scheme
  • Defended twenty innocent “winner” investors against claims filed by SEC Receiver seeking recovery of alleged excess profit distributions from a ponzi scheme
  • Defended a venture capital firm against a $5,000,000 claim arising out of a failed leveraged buy-out
  • Defended debtors against over $100,000,000 in claims in dischargeability litigation cases
  • Obtained $10,000,000 in settlements and judgments for plaintiffs in breach of contract, securities fraud, and common law fraud cases
  • Defended guarantors against $20,000,000 in guarantee claims
  • Defended clients facing over $50,000,000 in fraudulent transfer and preferential transfer claims

Business Planning Assignments

  • Restructured client’s corporate affairs to minimize owner’s potential liability for business debts
  • Designed a business plan to minimize risk of successor-liability claims against a start-up company
  • Designed a plan to restructure a group of affiliated companies to limit recourse to designated operating entities generating liability risk

Opinion Practice

  • Non-consolidation opinions
  • Insolvency related opinions