Greenberg Glusker attorneys approach representation of clients in commercial bankruptcy matters in accordance with the spirit of the Federal Bankruptcy Code.  We help clients exercise their rights while striking a balance that includes vigorous advocacy where appropriate, and which can lead multiple parties with differing interests to reach resolution and avoid unnecessary protracted conflict.  Our clients include real estate investors, manufacturers, entertainment companies, businesses operating across a range of industries, and high-net worth individuals.

Our Bankruptcy Group attorneys counsel clients directly involved in business bankruptcy proceedings and litigation, and in transactions connected to distressed assets and insolvency issues.  We have also represented trustees and victims of high-profile investment frauds, such as Ponzi schemes, and have guided clients through the complex investigative and recovery process, including managing associated cross-border issues.

Bankruptcy-related concerns frequently arise in sophisticated litigation and transactions.  We regularly work in conjunction with Firm colleagues in our litigation, mergers & acquisitions, real estate, taxation, charities and nonprofit organizations, and strategic/family wealth planning groups. In addition, several of our clients’ businesses have national financing components, and we represent them in protecting their rights in collateral, including perfection of security interests and addressing complicated intercreditor issues such as subordination and marshalling of assets.

Creditor Representation
A primary practice focus is the representation of creditors in Chapters 11, 7 and 13. We have extensive experience in real estate-related bankruptcies, including representing acquirors of distressed commercial real property assets.

We help creditors maximize their recoveries or navigate through the case, depending on their business objectives.  Areas of counsel include:

• Chapter 11 counsel to purchase money lenders
• Acquisition of distressed loans
• Acquisition of distressed assets from Chapter 11 Debtors and Chapter 7 Trustees
• Landlords with insolvent commercial tenants

An additional aspect of our counsel is providing a bankruptcy perspective on, as well as bankruptcy proofing, major mergers & acquisitions, corporate and real estate transactions and commercial litigation settlements.  During deal due diligence and negotiations, our attorneys assist clients to evaluate the costs and benefits of acquiring assets in and out of bankruptcy and guide them in the most advantageous path, often addressing concerns involving obtaining lien-free assets, overbidding and breakup fees. 

Bankruptcy Litigation Counsel
Greenberg Glusker attorneys have appeared in federal bankruptcy courts throughout California and the nation.  We represent and defend clients in a range of adversarial proceedings.  This includes relief from stay litigation, preference lawsuits, fraudulent transfer claims and other actions brought by trustees and debtors. Our attorneys also represent petitioning creditors in involuntary bankruptcies so that clients can exercise their rights as creditors and recover undisclosed or transferred assets.

Representative Matters

• Counsel to Signal Walnut Partnership L.P., and another first trust deed holder in the chapter 11 bankruptcy cases of Orange Grove Service, Inc. and Ocean Hills
• Represent entertainment industry clients in recovering monies invested in the Bernard Madoff Ponzi scheme
• Represented Allied Advertising Limited Partnership in a contested involuntary bankruptcy petition against judgment debtor Thinkfilm, LLC
• Represented the court-appointed liquidator’s U.S. interests in an international insolvency proceeding based out of the Commonwealth of Dominica in which the debtor entity is a corporation responsible for an illegal “Ponzi” scheme which defrauded investors of  greater than $50 million
• Advise and counsel numerous clients in bankruptcy court adversary proceedings including preference and fraudulent transfer litigation
• Ongoing representation of Roland Corporation, one of the largest manufacturers and distributors of musical instruments, in structuring all of Roland’s credit and security transactions with retail dealers and financing companies
• Served as counselor to Roland Corporation, a junior secured creditor in the Mars Music bankruptcy, securing a significant recovery from the bankruptcy estate and senior lender after commencing litigation to require the senior lender to marshall assets for the benefit of Roland
• Represented Regency Park Senior Living in its successful acquisition out of bankruptcy of a senior assisted living facility in Pasadena, California
• Represented Auto Wax Co., a manufacturer of car care products, as petitioning creditor in a contested involuntary bankruptcy against judgment debtor Mark V Products, defeating a motion to dismiss the involuntary petition
• Counsel to Avalon Risk Management, a broker of United States customs bonds, in bankruptcy proceedings filed by importers utilizing customs bonds  
• Represented Convergenz, a personnel staffing company, in the bankruptcy of Axium Corporation
• Achieved a favorable settlement for  the City of Culver City in a contested claim for unpaid taxes against Chapter 11 debtor Urban Hotels
• Represented PacifiCare of California as the single largest creditor in multiple hospital and health care provider bankruptcies
• Represented Cheesecake Factory as creditor and reclamation claimant in the Ameriserve and Empire Beef bankruptcies

For more information, please contact Jeffrey A. Krieger.