Debtors' and Creditors' Rights

• Prevailed at trial in legal malpractice and breach of fiduciary duty action against client, a large law firm, which was accused of failing to competently represent creditor in underlying bankruptcy proceeding.  Judgment affirmed on appeal.
• Obtained summary judgment and an award of attorneys’ fees in favor of a nationwide manufacturing company against a multi-million dollar complex breach of contract claim involving a real estate agreement and a bankruptcy.
• Obtained summary judgment in favor of individual defendant for alleged civil rights violations under 42 U.S.C. § 1983 in United States District Court for Central District of California.  Successfully defeated appeal filed by Plaintiff with the Ninth Circuit Court of Appeals, which confirmed the entry of summary judgment against Plaintiff.  Obtained post-judgment award for attorneys’ fees and costs of suit under 42 U.S.C.A. § 1988(b) and Rule 54 of the Federal Rules of Civil Procedure.  Currently enforcing and collecting judgment and attorneys’ fees and costs awarded against judgment debtor.
• Represented individual officer and director of national apparel retailer on fraud claims filed as an adversary complaint within the Chapter 7 bankruptcy proceedings before the United States Bankruptcy Court for Central District.  After completion of key party depositions and written discovery, negotiated highly favorable settlement of fraud complaint asserted by account receivable creditor, who had provided factor financing.
• In a December 2007 opinion published by the Bankruptcy Court, which was affirmed by the District Court on appeal in 2009, obtained permission to sue a Chapter 11 trustee on behalf of a bankruptcy estate for the alleged improper handling of estate assets, which resulted in alleged losses that reduced the potential payout to creditors. In 2015, the matter was settled by a $500,000 payment by the trustee’s insurance carrier.
• Represented well-known celebrity client as a debtor-in-possession in his individual Chapter 11 case.  When that case and the companion case of his company were converted to Chapter 7,  acted as special litigation counsel in 2007 and 2008 to the court-appointed Chapter 7 trustees in connection with a claim based upon a $104,000,000 default judgment against the debtors. Result was Court-approved settlement of that claim that was very favorable to the Chapter 7 estates.
• Took over the defense of a defendant group in a $40 million fraudulent transfer case in which the defendants were the subject of an onerous preliminary injunction issued by the Bankruptcy Court that was accompanied by very prejudicial findings against the defendants.  The case turned upon a complex accounting of monetary transfers.  In a complete turnaround, within a year, brought and obtained a summary judgment motion through which the clients completely prevailed in the case on all claims and the preliminary injunction was vacated. At trial before the Bankruptcy Court in 2013, successfully defended $10 million fraudulent transfer litigation brought by Chapter 11 trustee, which was affirmed on appeal.
• Regularly handle general business litigation of all types, contract disputes, commercial real estate disputes, business related fraud.
• High dollar collection activities for clients with seven figure judgments.
• At trial before the Bankruptcy Court in 2013, successfully defended individual client against a creditor’s objection to discharge under Bankruptcy Code § 727, resulting in a favorable settlement of remaining dischargeability claim based upon fraud under Bankruptcy Code § 523(a).