Insolvency & Restructuring

Overview

Bankruptcy, Restructuring and Creditor Rights Practice Group

The Wendel Rosen Insolvency Group is ready to assist you in addressing and solving troubled financial situations. Our Insolvency and Restructuring attorneys represent debtors, creditors, investors, managers, owners, creditor committees, trustees, receivers,  landlords, contract parties and asset purchasers in all aspects and forms of insolvency, including alternatives to bankruptcy, Chapter 11 and Chapter 7 bankruptcy,  reorganization or liquidation,  workouts, creditor remedies and opportunistic investing and disinvestment. We are skilled and experienced in the analysis, negotiation, and effective advocacy necessary to  represent our clients in complex transactions and to  prosecute or defend contentious litigation.

We've represented clients from many industries, including:

  • Biotechnology
  • Government Agencies
  • Technology
  • Distribution
  • Green Industries
  • Telecommunications
  • Entertainment
  • Manufacturing
  • Wholesale
  • Food & Beverage
  • Real Estate
  • Wineries
  • Franchise
  • Retail
 

 

 

 

 

 

 

 

 

We pursue pragmatic, timely and effective strategies on behalf of our clients and their objectives to the fullest extent of the law.

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.  Clinching the ranking’s highest possible honor, the list specifically recognizes Wendel Rosen’s highly regarded Bankruptcy Practice. 

Experience
  • 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.

  • Successfully obtained discharge from bankruptcy court on behalf of several defrauded creditor clients.*

  • 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 pizza 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 multimillion dollar residence.

  • 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 biological reagent laboratory in a Chapter 11 case that resulted in a court confirmed Chapter 11 plan for a management-original investor funded recapitalization that restructured bank debt, revised contract and lease terms, and provided for a distribution to creditors in satisfaction of claims.

  • 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, with allowed the debtor and the estate to realize a reduction in administrative priority tax liability in excess of $10,000,000.

Attorneys
  • Berke-Dreyfuss, Elizabeth
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  • Bostick, Mark S.
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  • Cooper, Michael D.
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  • Flor, Albert, Jr.
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  • Green, Tracy
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  • Lenherr, Lisa
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