BANKRUPTCY AND WORKOUTS

We offer pro-active counseling and representation in bankruptcy matters, helping debtors to liquidate and reorganize debt as quickly as the law allows, and also helping creditors to establish claims and obtain relief. In addition, we litigate the full range of "adversary proceedings" in bankruptcy court. By these proceedings, creditors can establish that certain debts are non-dischargeable, or they can establish claims against the debtor or rival creditors.

We can help you to prepare basic petitions and then ensure that they are processed as quickly as the law allows. We can also help you to devise a plan of reorganization and then marshal the necessary support for it at every stage of the proceeding, so that the plan will be confirmed and the proposed reorganization put into effect.

In more complicated cases, and in large business insolvencies, we provide first-rate counseling and vigorous representation in the most challenging matters, using our full knowledge of the laws and procedures and our vigorous approach to litigation to obtain the best possible results that circumstances permit. Debtors with overwhelming debts will find our approach to be pragmatic, intelligent, reasonable, and calculated to convince the trustee and the court that we have presented a reasonable plan that should be swiftly confirmed.

On behalf of creditors we tirelessly pursue the recovery of claims that some debtors would not pay at all if their original plans were confirmed. We can force the debtor to pay more, sometimes much more, by conducting skillful "2004 examinations" and undertaking thorough, methodical examinations of the debtor’s statements and schedules. This approach allows us to state convincing arguments and objections to the debtor’s proposed plan, and this in turn forces the debtor to propose a more reasonable plan that provides more suitable relief to its creditors!

Using our knowledge of bankruptcy and insolvency law, we can often negotiate workouts of debt situations, allowing commercial debtors to compose with their creditors and remain in operation without any history of a bankruptcy. We also represent creditors in these negotiations.

We also provide counseling and representation in general assignments for the benefit of creditors done under California law.