Representative Matters
Below is a sampling of the types of cases handled by our attorneys.
Assignment for the Benefit of Creditors
Confidential Commercial Lender (Represented lender with security interests in commercial equipment in structured business dissolutions under this California state-law alternative to bankruptcy)
Development Specialists, Inc. (Represented DSI in its capacity as assignee for the benefit of the creditors of Kagi, a California corporation and one of the earliest digital commerce platform companies)
Bankruptcy: Chapter 11 Debtors-in-Possession
Cal Pak Delivery, Inc. (Specialized warehouse and logistics company operating in the Western United States; Accomplishing a going-concern sale of its business and confirmation of a consensual liquidating Chapter 11 plan)
Carefree Willows (Master-planned senior living community in Las Vegas, Nevada; Successfully reorganized after a nearly 3-week plan confirmation trial)
Capitol Station 65, LLC (65-acre real property development in Sacramento; Obtained approval of $10 million DIP financing facility over objection of secured lender)
Jon Harder (Promoter and majority owner of entities operating a network of over 200 assisted living facilities in 37 states; Mr. Harder guaranteed $1.8 billion in secured debts made by over 100 institutional lenders; Unsecured claims in excess of $600 million; One of the largest cases ever filed in Oregon.)
Integrated Financial Associates (Hard-money, asset-based lender with significant real estate assets throughout the western United States; Successfully confirmed a reorganization plan that included the sale of assets and conversion of ownership interests to the satisfaction of over 125 creditors)
Peek Aren’t You Curious, Inc. (High-end children’s clothing company operating 21 stores in 10 states; Going-concern sale of substantially all assets within 45 days of filing)
Silicon Genesis Corporation (Developer of technologies used in the manufacture of specialized silicon wafer materials; 100% payout to all unsecured creditors)
Sizzler Restaurants (International restaurant chain; Represented Sizzler in franchise-related issues and filings; Also served as special counsel administering more than 1,500 personal injury claims through an ADR process)
Sugar Bowl Resort (Privately-owned ski resort in the Lake Tahoe region; Successful pre-packaged reorganization filed a week before Christmas, the height of ski season; Plan confirmed in less than two months with 100% payout to creditors.)
Bankruptcy: Chapter 7 Debtors
Instamotor, Inc. (Online platform on pre-owned vehicles; Orderly liquidation of intellectual property and hard assets located in San Francisco and Minsk; Over $31 million in scheduled claims)
Bankruptcy: Creditors’ Committees and Committee Members
At Home Corp., Inc. (Wholesale supplier of high-speed internet access services to more than 4 million customers of large and mid-size cable companies; Represented the Committee; Sale of assets ultimately resulted in payouts in excess of 90% to general unsecured claim holders)
Chip Shot Golf Corporation (Online retailer of golf equipment; Represented the Committee; Plan confirmed)
Heller Ehrman LLP (San Francisco-based international law firm with more than 730 attorneys in 15 offices at its peak ; Co-special litigation counsel to the Committee and Michael Burkart, post confirmation plan administrator)
iSyndicate, Inc. (E-commerce content aggregator; Represented the Committee and post-confirmation plan administrator; Resolved several hundred claims, including the resolution of employee class action claims under the WARN Act)
Siliken Manufacturing USA, Inc. and Suntech America (Solar panel suppliers; Represented Committee member United Renewable Energy Co., Ltd., fka Gintech Energy Corp., manufacturer of solar cells and other components used in solar panels)
Webvan Group, Inc. ( National online seller of groceries and other consumer products; Counsel for Committee and post-confirmation estate representative)
Western MacArthur (Asbestos bankruptcy case with plan providing for over $2 Billion for creditors; N/H attorneys represented a class of hundreds of asbestos claimants)
Bankruptcy: Lenders and Creditors
Public Entities and Municipalities (Serve as local counsel for group of 16 public entities impacted by the 2017-2018 California wildfires in the 2019 bankruptcy case of Pacific Gas & Electric)
SBC Communications, Inc. (now AT&T, Inc.) (Represented SBC as a primary creditor in several cases filed by Competitive Local Exchange Carriers, including, NorthPoint Communications Corp., a provider of DSL services, Advanced Telcom Group, Inc., a local voice and data service provider, and In-Touch Communications, a pre-paid voice service provider.)
Bankruptcy: Trustees
Curon Medical, Inc. (Developer of radio frequency energy-based medical devices used in the treatment of gastrointestinal disorders; Assets sold to Bio-Rad Laboratories; Represented Chapter 7 Trustee - Bankr. N.D. Cal.)
Desert Land and related entities (Real Estate developer holding approximately 38 contiguous acres of partially developed land partially fronting on the Las Vegas Strip; Represent Chapter 11 Trustee - Bankr. D. Nev.)
SK Foods, LP and related entities (Second largest processor of tomatoes and vegetable products in the United States; Represented Chapter 11 and Liquidating Trustee; Complex litigation recovering over $65 million in assets - Bankr. E.D. Cal.)
Commercial Litigation
Debt Collection and Defense
Confidential Real Estate Contractors (Advise in collection efforts by and negotiations with creditors for successful resolution of claims)
Confidential Law Firms (Represent Bay Area law firms in collection from business clients)
Confidential Commercial Solar Power Provider (Defended business against collection and attachment efforts)
Confidential Wine Industry Business (Represented business is post-judgment collection efforts and achieved recovery in excess of $1 million through levy on third-party accounts)
Federal Court Receiverships
Small Business Administration (Represented the SBA in its capacity as receiver for various Small Business Investment Companies in pursuing claims on behalf of the receivership, including, among others, claims for unfunded capital commitments, breach of contract and breach of fiduciary duty)
Out-of-Court Workouts
Confidential Commercial Food Service Business (Represented business in winding down of operations and negotiations with secured lenders)
Confidential Regional Retail Businesses (Negotiated terminations of retail space leases)
Confidential Restaurant Chain (Represent nationwide business in negotiations with franchisees and regional partners)
Purchase of Distressed Assets
Please Note: Past results do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. Each legal matter is different and depends on the specific facts presented.