Restructuring and Bankruptcy

Helping Businesses Navigate Financial Challenges

• Guided companies through complex business restructurings, debt workouts, and Chapter 11 planning designed to preserve operations and maximize enterprise value.
• Represented North Coast Village, Ltd. in its decades-long Chapter 11 proceeding, including multiple appeals involving significant bankruptcy issues.
• Represented municipalities in Orange County’s Chapter 9 bankruptcy proceedings and advised trustees, receivers, and fiduciaries in complex insolvency matters.

Protecting Lenders & Creditors

• Represented a regional bank in recovering a $33-million defaulted loan through receivership, foreclosure, and bankruptcy proceedings, resulting in full recovery of the indebtedness, receivership expenses, and attorneys’ fees.
• Represented a national lender in the foreclosure of a $13-million hotel loan and disposition of the collateral following foreclosure.
• Successfully represented lenders in bankruptcy proceedings involving relief from stay, foreclosure disputes, lender liability claims, fraudulent transfer actions, and enforcement of creditors’ rights.
• Obtained multimillion-dollar recoveries for financial institutions, including receivers of failed banks and national lenders, in complex commercial lending matters.

Financing, Workouts & Distressed Transactions

• Assisted with a $750-million acquisition involving 32 properties in four states and a $680 million acquisition involving 12 properties across three states.
• Represented participant lenders in a $105-million construction loan for a multifamily development and documented a $38-million construction loan for affordable housing.
• Represented financial institutions in documenting commercial mortgage loans, mezzanine financing, acquisition financing, syndicated loans, and complex refinancing transactions across a wide range of industries.
• Represented venture capital firms and other investors in acquiring businesses and assets through bankruptcy and distressed transactions.

Bankruptcy, Receiverships & Insolvency Proceedings

• Represented Chapter 11 trustees, creditors’ committees, receivers, lenders, and debtors in complex bankruptcy proceedings throughout California and beyond.
• Successfully prosecuted and defended relief from stay motions, plan confirmation disputes, fraudulent transfer claims, discharge litigation, and related bankruptcy proceedings.
• Advised purchasers in acquiring assets and intellectual property through bankruptcy proceedings and court-approved sales.

Resolving Complex Financial Disputes

• Successfully defended financial institutions against lender liability, fraud, wrongful foreclosure, and commercial litigation claims involving hundreds of millions of dollars in disputed transactions.
• Obtained reversal on appeal in litigation involving a construction loan participation agreement, preserving the agreement and securing approximately $1 million in attorneys’ fees for the client.
• Represented banks, developers, investors, borrowers, title companies, and other clients in complex commercial litigation arising from distressed loans, real estate finance, and business restructurings.

When should I contact a restructuring and bankruptcy attorney?

The earlier, the better. Many businesses wait until financial challenges become urgent, limiting the options available to preserve value or restructure obligations. Early legal guidance can help identify practical solutions, negotiate with lenders or creditors, evaluate restructuring alternatives, and address potential issues before they become more difficult or costly to resolve. Even if bankruptcy ultimately becomes necessary, planning early often leads to better outcomes.

Does growing financial distress inevitably lead to bankruptcy?

Not necessarily. Even when financial pressures are increasing, businesses often have more options than they realize. Depending on the circumstances, restructuring debt, negotiating loan modifications, selling assets, obtaining new financing, or pursuing an out-of-court workout may provide a more effective solution. We begin by evaluating all available options and recommending the strategy that best aligns with our client’s objectives, using bankruptcy when it is the right path, not the default one.

My business is facing financial challenges. What should I do first?

Start by gathering a clear picture of your company’s financial position and seeking legal guidance before making significant decisions. Early planning can help preserve flexibility, protect business assets, maintain important relationships with lenders, customers, suppliers, and employees, and identify opportunities that might not be available later in the process.

I am a lender. How can you help protect my interests?

We represent banks, financial institutions, private lenders, and other creditors in workouts, loan restructurings, foreclosures, receiverships, bankruptcy proceedings, and related litigation. Our goal is to maximize recovery while managing risk and preserving valuable business relationships whenever possible.

Can you help us acquire or sell distressed assets?

Yes. Financial distress often creates opportunities for strategic acquisitions, asset sales, and other transactions. We advise buyers, sellers, investors, lenders, and trustees on distressed acquisitions, bankruptcy asset sales, financing, due diligence, and related transactions to help clients achieve their business objectives while managing legal and financial risk.

What should I look for when choosing restructuring and bankruptcy counsel?

Effective restructuring counsel should understand more than bankruptcy law. Look for attorneys with experience in restructuring, commercial finance, real estate, litigation, and insolvency proceedings, as well as experience representing multiple stakeholders, including businesses, lenders, trustees, receivers, investors, and creditors. A practical, business-focused approach and the ability to evaluate multiple paths forward are just as important as courtroom experience.