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Our Insolvency, Restructuring, and Creditors’ Rights practice helps clients address and solve troubled financial situations. Our attorneys are skilled and experienced in analysis, negotiation, and advocacy and work with clients to find creative solutions.

We represent debtors, creditors, investors, managers, owners, creditor committees, trustees, receivers, landlords, contract parties, and asset purchasers in all aspects of insolvency, restructuring, and creditors’ rights, including opportunistic investing and disinvestment.

Insolvency and Debtor Representation

Our attorneys are experienced in helping businesses that face insolvency or heavy debt burdens as a result of changing market conditions, litigation, defaulted loans, or disputes. We work with clients to guide them through the complexities of the law, examine alternatives to bankruptcy, and find the best method of restructuring or reorganizing to maximize beneficial outcome.

Restructuring and Reorganizations

We have extensive experience in successful restructuring and reorganization. We’ve represented clients from many industries, including biotechnology, distribution, entertainment, food and beverage, franchise, green industries, manufacturing, real estate, retail, technology, and wholesale, with Chapter 11 reorganization or liquidation, Chapter 7 liquidation, and workouts.

Creditors’ Rights and Committees

We pursue pragmatic, timely, and effective strategies to the fullest extent of the law to meet client objectives and obtain the best return under the circumstances. Among other matters, we represent creditor committees, advise clients on assignments, assist in enforcing promissory notes, and prosecute and defend contentious litigation.

Since 2011, Wendel Rosen has received a first-tier ranking in the annual “Best Law Firms” list, published by U.S. News & World Report and Best Lawyers. The ranking specifically recognizes the firm’s highly regarded bankruptcy and creditor debtor rights, insolvency and reorganization law practice.

  • In re Golden, 789 F.2d 698 (9th Cir. 1986) holding that a bankruptcy trustee may recover un-reinvested homestead sale proceeds despite the lack of objection to the debtor’s exemption claim.

  • In re Serrato, 117 F.3d 427 (9th Cir. 1997) holding that a bankruptcy trustee is not a federal officer for purposes of perfecting an appeal from the district court.

  • In re Serrato, 214 B.R. 219 (Bankr. N.D. Cal. 1997) finding that an unsecured debt of $1 existing on date of transfer is sufficient to avoid fraudulent transfer under 11 U.S. C. §544(b)

  • Represented a chapter 11 plan liquidator in consummating his duties under the plan in which all creditors were paid in full.

  • Represented a major national real estate brokerage firm as a creditor in a San Francisco law firm bankruptcy case resulting in a substantial payment on the client’s claim.

  • Represented the ESOP owner in a Chapter 11 case for a major retail restaurant chain franchise that resulted in a court confirmed Chapter 11 plan for a recapitalization that restructured bank debt, revised contract and lease terms, and provided for distribution to creditors in satisfaction of claims.

  • Represented owner of a large commercial building located near Capitol Mall in Sacramento, California, which resulted in a successful recapitalization and refinancing of secured loan to avoid foreclosure and maintain its ownership.

  • Successfully represented various commercial landlords as creditors in bankruptcy cases.

  • Represented an individual debtor in a chapter 11 case, which allowed the client to stop a foreclosure of a multi-million dollar residence.

  • Represented new technology plastic recycling company in a Chapter 11 case that resulted in a court confirmed Chapter 11 plan for an investor funded recapitalization that restructured secured debt, revised contract and lease terms, and provided for a distribution to creditors in satisfaction of claims. Additional investment allowed company to continue to develop new technology.

  • Represented a creditors committee in a Chapter 11 case for a golf country club, which resulted in a court confirmed Chapter 11 plan for an investor funded recapitalization that restructured bank debt, revised contract and lease terms, and provided for a distribution to creditors in satisfaction of claims.

  • Represented a retail mortgage banker and broker in a Chapter 11 case that resulted in a court confirmed Chapter 11 plan for a recovery of more than $1 million in preferential transfers from the debtors’ warehouse lenders and a distribution to creditors in satisfaction of claims.

  • Represented a real estate syndicator as a Chapter 11 debtor under a Chapter 11 Plan leading to the resolution of approximately $110 million in bank and investor debt.

  • Represented a Japan/America based mobile telephone software company, resulting in a negotiated recapitalization and refinancing of $25 million in secured bank and venture capital debt.

  • Represented a chain restaurant with eight locations, liquidating the locations as ongoing concerns to multiple groups of buyers.

  • Obtained a District Court order holding that stock options received by a judgment debtor are “earnings” for purposes of the California wage exemption statutes.

  • Represented numerous parties in assignments for the benefit of creditors wherein ongoing businesses were sold or liquidated expeditiously for the benefit of creditors.

  • Represented an individual in a Chapter 11 Debtor case in Santa Rosa, California. Client had $17 million in secured debt and $20 million in unsecured debt. Worked with the client to sell intangible personal property assets via a court authorized sale, which allowed the debtor and the estate to realize a reduction in administrative priority tax liability in excess of $10,000,000.

Publications

Eight Most Common Bankruptcy Questions

Eight Most Common Bankruptcy Questions

05/08/2020 | Wendel Rosen LLP

Bankruptcy can seem daunting and overwhelming. Often, our clients come to us with many of the same questions. Our team of experienced insolvency attorneys have assisted numerous companies, both large…

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What to Expect When PG&E Files Bankruptcy

What to Expect When PG&E Files Bankruptcy

01/18/2019 | Client Update

This article was updated February 2, 2019. PG&E commenced its chapter 11 bankruptcy case on January 29, 2019 to deal with the litigation and claims resulting from the recent wildfires,…

Full Article
Syllabus for Bankruptcy for Litigators 101(A)

Syllabus for Bankruptcy for Litigators 101(A)

03/01/2017 | Mark S. Bostick

Syllabus available upon request.  To get a copy, email Mark Bostick at mbostick@wendel.com.

Full Article
Date Category Publication Title
12/21/2015 Publication Tracy Green The Role of the Creditors’ Committee
10/30/2015 Publication Mark S. Bostick How to Avoid Needlessly Exposing a Client’s Assets to Creditors in an Estate Plan or Trust
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09/11/2015 Publication Mark S. Bostick Startup Entrepreneurs Should Plan for Success But Prepare for Failure: Do You Have a Plan B?

News

Wendel Rosen Scores Six “Tier 1” Rankings on Best Law Firms List

Wendel Rosen Scores Six “Tier 1” Rankings on Best Law Firms List

11/05/2020 | Wendel Rosen LLP

Wendel Rosen LLP, one of the largest and most widely-recognized law firms in the East Bay, has been named to the 2021 Best Law Firms list published by U.S. News & World…

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Wendel Rosen Attorneys Selected to 2020 Northern California Super Lawyers and Rising Stars List

Wendel Rosen Attorneys Selected to 2020 Northern California Super Lawyers and Rising Stars List

07/13/2020 | Wendel Rosen LLP

Wendel Rosen LLP, the largest law firm in the East Bay representing businesses throughout the county, announced that 19 attorneys have been named to the 2020 edition of the Northern…

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Wendel Rosen Attorneys Appointed to State Leadership Positions

Wendel Rosen Attorneys Appointed to State Leadership Positions

06/22/2020 | Wendel Rosen LLP

Wendel Rosen is proud to announce two of its attorneys have been awarded distinguished roles at California’s top professional organizations – California Bankruptcy Forum and California Lawyers Association (Trust and…

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Date Category Publication Title
05/08/2020 COVID-19 Blog Wendel Rosen LLP  Eight Most Common Bankruptcy Questions
01/17/2020 In the News Wendel Rosen LLP  Bart Flood and Lisa Lenherr’s Partnership Elevations Featured in Various Publications
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01/06/2020 Press Release Wendel Rosen LLP  Wendel Rosen Elevates Bart Flood and Lisa Lenherr to Partner
08/19/2019 Press Release Wendel Rosen  Wendel Rosen Lands 12 in 2020 Edition of The Best Lawyers in America
03/13/2018 Press Release   Wendel Rosen Bolsters Bankruptcy Practice with Addition of Lisa Lenherr
11/20/2017 Press Release   Wendel Rosen Receives Five “Tier 1” on Best Lawyers 2018 Best Law Firms List
08/15/2017 Press Release   Firm Lands 10 Attorneys in 2018 Edition of The Best Lawyers in America
11/02/2016 Press Release   Wendel Rosen Scores Top Tier “Best Law Firms” Rankings Once Again
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11/11/2015 Press Release   Firm Named to Sixth Annual “Best Law Firms” List