Practice Details

Bankruptcy and Creditor's Rights

  • Represented New York-based investment fund that held a promissory note secured by a high-end retail building near Union Square in San Francisco in both San Francisco Superior Court and later in Chapter 11 bankruptcy cases. Obtained a recovery for client of approximately $65,000,000.
  • Represented purchaser of $55 million of real estate assets out of multiple Chapter 11 bankruptcy cases pending in the U.S. Bankruptcy Court for the Northern District of California.
  • Represented Chapter 11 debtor Coudert Brothers law firm as special counsel in U.S. Bankruptcy Court for the Southern District of New York. Defended debtor against bankruptcy legal malpractice claim. Settled claim on terms favorable to debtor.
  • Represented secured lender in obtaining single asset real estate motion for relief after trial on $6 million loan in Chapter 11 bankruptcy case pending in the U.S. Bankruptcy Court for the Northern District of California.
  • Represented floor finance lender through confirmed plan of re-organization in $40 million Chapter 11 case pending in the U.S. Bankruptcy Court for the District of Arizona.
  • Represented commercial lender in liquidation of residential development in Chapter 11 bankruptcy case pending in the U.S. Bankruptcy Court for the Northern District of California.
  • Represented commercial lender in multiple state court actions to recover monies owed under defaulted real property secured loans.
  • Represented commercial lender in Orange County Superior Court litigation and workout relating to secured loan. Negotiated payoff of $4 million debt.

pdf   Print to PDF

Lubin Olson's Bankruptcy and Creditor’s Rights Practice Group specializes in the representation of financial institutions, equipment lessors, real estate developers and commercial landlords in commercial bankruptcy cases and non-bankruptcy creditor’s rights litigation.  

Our bankruptcy expertise extends to all aspects of bankruptcy practice, including negotiated and court-ordered plan confirmations, claims prosecution, debtor-in-possession and post-petition financing, floor financing, preference and fraudulent transfer defenses, automatic stay relief, asset sales, debt restructuring, cash collateral and equipment leasing issues. Our non-bankruptcy creditor’s rights experience encompasses all aspects of loan and judgment enforcement in the California state and federal courts, including receiverships, pre- and post-judgment writs and other execution remedies. 

Whether we are working to reorganize the debtor’s obligations or developing an exit strategy from a bankruptcy case for collateral liquidation, we work hand in hand with our clients to develop a comprehensive recovery strategy. We also collaborate with the firm’s intra-disciplinary Finance and Workouts Practice Group to restructure secured, non-performing commercial loans and to resolve issues pertaining to loan modifications, assumption and rejection issues, letters of credit and security deposits. 

Our lawyers practice on a national level, having represented numerous clients in Chapter 11 bankruptcy cases pending in the Delaware, New York, Illinois, Florida and Texas bankruptcy courts, as well as all bankruptcy courts in California. We also handle bankruptcy appellate matters before the U.S. Ninth Circuit Court of Appeals and the U.S. Bankruptcy Appellate Panel for the Ninth Circuit. We have represented clients in Chapter 11 bankruptcy cases such as Kmart, Fleming Foods, Halo Industries and Transport Industries. We also served as special counsel in the Chapter 11 bankruptcy case of Coudert Brothers in the U.S. District Court for the Southern District of New York.

For more information about Lubin Olson's Bankruptcy and Creditor’s Rights Practice Group, please contact Dennis D. Miller.