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.

Bankruptcy Dispute Resolution Panel

California Bankruptcy Forum

• Vice-President, 2019
• Secretary, 2018
• Treasurer, 2017

Bay Area Bankruptcy Forum

• Board member, 2012 – present
• President, 2017
• Vice-President, 2016
• Secretary, 2015
• Treasurer, 2014

Alameda County Bar Association

• Alternative Dispute Resolution, Executive Committee 2006-2008
• Commercial Law Section, Board Member and Chair, 2004

Northern California Bankruptcy Pro Bono Program

• Providing advice to indigent debtors after they have filed their petitions

United States Bankruptcy Court, Northern District of California

• Former Chair, Bench Bar Liaison Committee

Bar Association of San Francisco

• Commercial Law Section, Member, 1985 – present

Turnaround Management Association