The common denominator in my law practice is resolving high stakes financial litigation in both state and federal courts, usually in the complex bankruptcy context. Whether through negotiation, litigation or appeal, the singular objective is finding creative solutions to complex and thorny problems, often constrained by economic and other realities. I don’t take the “easy” cases.
Representative clients have included white collar professionals facing civil and criminal prosecution for alleged financial fraud, victims of Ponzi schemes, small and medium sized businesses in Chapter 11 reorganizations (often due to “bet the company” litigation), insiders of multi-national corporations dealing with alter-ego and successor liability claims, internet entrepreneurs, professional sports figures, celebrities, hedge and angel funds, construction companies, software companies and engineers, public entities, real estate and insurance brokers, real estate development companies, probate fiduciaries and trustees, bankruptcy trustees, spouses dealing with high- profile family law matters, and national franchise owners.
I’ve appeared in Chapter 7, 11 and 13 cases in bankruptcy courts throughout California as well as (pro hac vice) in several other states on behalf of both debtors and creditors, and represented creditors in Chapter 9 cases. I’ve handled all aspects of federal bankruptcy appeals from briefing to argument, and tried cases in both State and Federal courts.
Some examples include (with certain facts changed or omitted to protect client privacy):
Obtained a $4.5 million non-dischargeable judgment after an LLC was caught up in a fraud scheme involving precious gems, and obtained an affirmance of the judgment on appeal to the Circuit Court of Appeals.
Successfully reorganized the financial affairs of an insider of a large petroleum products company through an individual Chapter 11, involving multi-million dollar lawsuits brought by major energy companies amid allegations of financial fraud.
Negotiated a favorable settlement for a trucking company defrauded by an insider with the bankruptcy trustee of a related entity bankruptcy.
Negotiated a favorable settlement with creditors on behalf of a law firm facing a large judgment from their involvement in a fraudulent multi-state real estate scheme.
Represented an international food supplier with a significant claim against a corporation and its insiders in an assignment of the benefit of creditors and state court action.
Defended the insiders of an off-shore internet venture in a Chapter 11 bankruptcy facing a multi-million dollar judgment for copyright infringement.
Defended an individual in a high profile civil and criminal action accused of embezzling funds from his employer.
Obtained relief from the bankruptcy automatic stay for a construction company against a nationally branded corporation in a “mega” chapter 11 reorganization to continue prosecution of a state court action.
Successfully negotiated the resolution of alter-ego claims against the insiders of a U.S. subsidiary of an international corporation.
Obtained a substantial fraud judgment after a trial in State Court in favor of a U.S. based corporation against a foreign defendant.
Obtained a non-dischargeable judgment in favor of a joint-venture partner in an entertainment venture.
Successfully reorganized several restaurant franchises under Chapter 11.
Education – B.S. in Economics from the Wharton School at the University of Pennsylvania and a J.D. from the University of San Francisco.
- Certified as a bankruptcy specialist by the State Bar of California.
- Former Chair of the State Bar of California Bankruptcy Law Advisory Commission.
- Retained as an expert on bankruptcy and bankruptcy criminal law matters.
- Editor, Norton Treatise on Bankruptcy Law- Bankruptcy Crimes.
- Published Appellate Opinions –
- Speaker on various bankruptcy topics for numerous Bar Associations and the National Association of Consumer Bankruptcy Attorneys.