Tracy GreenAttorney

Wendel Rosen Black & Dean LLP 1111 Broadway, 24th FloorOakland, CA 94607
TEL:
510.834.6600
FAX:
510.808.4659
VCARD:
vcard
Profile

A partner in the firm’s insolvency practice Tracy represents clients in all aspects of their dealings with financially troubled companies.  She represents debtors, creditors’ committees, creditors and trustees in connection with Chapter 11 reorganizations and liquidations, out-of-court work outs, buying and selling assets, assignments for the benefit of creditors, avoidance actions (fraudulent conveyances, preferences, and equitable subordination) and Chapter 7 liquidations.  She also represents parties in commercial disputes and secured transactions.

Tracy also serves as a mediator, and has successfully mediated many mediations related to disputes involving intellectual property, real estate, estate distributions, partnership dissolutions, and commercial disputes.

She also served as a judicial extern to the Honorable  Stanley Mosk, of the California Supreme Court.

Experience

Chapter 11 Bankruptcy cases
Tracy has represented many distressed businesses in chapter 11. Below are representative examples of the types of cases she has handled.

Debtor Representation
  • Represented cutting edge plastic recycling company to restructure debt and obtain additional investment to allow company to continue to develop new technology
  • Represented well known entertainer in chapter 11 bankruptcy case involving many creditors and copyright disputes
  • Represented a chain restaurant with 8 locations liquidate the locations as ongoing concerns to different groups of buyers
  • Represented boutique hotels in reorganizations wherein secured creditors debts were restructured
  • Represented individuals that owned car washes and gas stations in chapter 11 restructuring secured debt
  • Represented many real estate developers restructure debt and complete projects and solicit additional investors


Creditor Representation
  • Represented secured creditors  in contentious chapter 11 cases involving security in agriculture, real estate, restaurants, intellectual property,  research and development.
  • Represented landlords in bankruptcy cases involving restaurants, manufacturing, retail operations, research and development facilities involving clean rooms.
  • Individual high stake holders in chapter 11’s that were unsecured or the security had little value, and cases where debtors failed to disclose assets


Parties Purchasing assets from Bankruptcy Courts
  • Represented parties purchasing real estate from the debtor or trustee in competitive bidding situations
  • Represented parties purchasing ongoing businesses, or select assets


Creditors’ Committee
Represented the Official Unsecured Creditors’ Committee in chapter 11 cases and formal out of court workouts in the following industries: commercial printing, one of the largest concert promoters in the country, developer of online travel software and techniques used today by many online companies, medical devices, custom and prefab construction pieces for bathrooms and kitchens. Represented equity committee in large restaurant chain and franchise operation. Represented  creditors in a large financial scandal involving 2000 investors.

Bankruptcy Alternatives
  • Represented all sides at differing times in formal out of court workouts with structured facilitator.
  • Represented parties in assignments for the benefit of creditors wherein ongoing businesses were sold or liquidated expeditiously for the benefit of creditors. Represented the assignee in carrying out its fiduciary duty and the assignor in preparing for the assignment and marketing and selling assets in many industries including metal office furniture manufacturing, online cosmetic company, incubator company,  online political web site and online car dealer.
  • Represented parties in one-on-one out of court workouts or other informal resolutions.


Chapter 7 Liquidation
Represented many companies from many types of industries in analyzing and determining whether complete liquidation is necessary. Representative clients include a custom frame shop, formerly high net worth real estate developer with multiple ongoing projects, children’s clothing manufacturers, well known folk record recording company, and a research and development company with ongoing medical testing in operation or just closed down.

Trustees
Has represented many chapter 7 panel trustees in liquidating assets of the estate, resolving disputes, and reviewing and objecting to claims for the benefit of the creditors. In this capacity, filed preference and fraudulent conveyance cases.

Litigation
In addition to the foregoing insolvency work, Tracy has represented secured creditors in commercial disputes, partners in litigation that resulted in the bankruptcy case of one of the partners, real estate limited liability companies in disputes with secured creditors outside of bankruptcy. She has also defended parties to preference and fraudulent conveyance avoidance actions, as well as in real estate disputes.
Publications
  • "Forum: Bankruptcy Evolution," Roundtable Panelist, 8-K Magazine, Daily Journal Corporation, Winter 2005
  • "When Your Client Can't Pay," Oakland Business Review

 

Available Articles:

Affiliations

United States Bankruptcy Court, Northern District of California
  • Chair, Bench Bar Liaison Committee

Turnaround Management Association

Bankruptcy Dispute Resolution Panel

California Women Lawyers

Bankruptcy Forum of Northern California
  • Board Member

Alameda County Bar Association
  • Mediation Section, Board of Directors, 2008
  • Alternative Dispute Resolution, Executive Committee 2006
  • Commercial Law Section, Chair 2004

Bar Association of San Francisco
  • Commercial Law Section
  • Northern California Bankruptcy Pro Bono Program, providing advice to indigent debtors after they have filed their petitions
Presentations
TEACHING

University of San Francisco School of Law
Introductory and Advanced Bankruptcy Law, former adjunct professor.

PRESENTATIONS

Alameda County Bar Association
  • "The Applicability of California Anti-Deficiency Laws in Bankruptcy Estates," presenter
  • "Bankruptcy Issues for the Real Estate Lawyer," presenter, Real Estate Section

Bay Area Women's Insolvency Network
  • "Gender Issues Affecting Professionals," chairperson and moderator, Second Annual Conference
  • "Women in Law: Successful Women and Strategies for Success," moderator and panelist, First Annual Conference Contra Costa County Bar Association

Continuing Education of the Bar
  • Bankruptcy Seminar on Chapter 11 Reorganization, consultant

Creditor Association
  • "How to Manage Outside Counsel," presenter
  • "Personal Guarantees in Bankruptcy and the Avoidance of Preferential Transfers in Bankruptcy," presenter

Lorman Education Services
  • "Bankruptcy in California and the New Amendments to the Code," seminar chair and presenter, May 5, 2005
  • "Bankruptcy in California," seminar chair and presenter, May 6, 2004; May 6, 2003
  • "Bankruptcy Law and its Impact on Real Estate Transactions," presenter
  • "The New Article Nine: Protecting Security Interests in Personal Property," seminar chair and presenter
  • "Introduction to Bankruptcy Law: A Creditor's Guide to Bankruptcy," seminar chair and presenter
  • "Bankruptcy Issues Impacting Real Estate Transactions," presenter

National Business Institute
  • "Negotiating Real Estate Loan Terms and Workout Options," presenter, May 19, 2010

Western Regional Bankruptcy Conference
  • "Introduction to Bankruptcy," presenter


Featured Presentations:

Recognitions
  • Selected for inclusion in Northern California Super Lawyers magazine, 2010-2014
  • Selected for inclusion in Northern California Super Lawyers magazine list of Top Women Attorneys in Northern California, 2012
  • AV® Preeminent™ rated by Martindale-Hubbell*
  • AV® Bar Register of Preeminent Women Lawyers™ by Martindale-Hubbell*

 

 

*AV is a registered certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedure's standards and policies.

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