Monique Jewett-Brewster is Chair of the Financial Institutions and Creditors Rights Practice Group and a member of Hopkins & Carley’s Litigation Department in the San Jose office. Monique has over twenty years of experience advising creditor clients in business bankruptcies and in all other aspects of insolvency law, with a primary focus on advocating for secured and unsecured creditors in the workout, restructuring and enforcement of commercial loan and other business transactions in state, district, appellate and bankruptcy courts nationwide. Her clients include:
- Financial institutions
- Mortgage lenders
- Credit unions
- Asset purchasers
- Private money lenders
- Commercial landlords and tenants
- Receivers and trustees
- Equipment leasing companies
- Judgment creditors
She also counsels the City of Oakland in its bankruptcy matters.
Monique is honored to have served as the 2018-19 Chair of the Business Law Section of the California Lawyers Association (CLA), the largest statewide voluntary bar association in the country. An insolvency lawyer for the entirety of her law career, Monique formerly served as Co-Chair of the Insolvency Law Committee of the Business Law Section, attorney member of the prestigious Bench Bar Liaison Committee of the United States Bankruptcy Court for the Northern District of California, and director of the Bay Area Bankruptcy Forum.
After completing two externships during law school with three bankruptcy judges, Monique completed a two-year post-graduate clerkship with the Hon. Meredith A. Jury, U.S. Bankruptcy Judge for the Central District of California (ret.). She is also a recipient of the Hon. Cornelius Blackshear Presidential Fellowship presented by the National Conference of Bankruptcy Judges.
Monique is passionate about increasing diversity, equality and inclusion in the legal profession. She was the inaugural Chair of the CLA’s Diversity Outreach Committee, which works to increase diversity in the student pathways to careers in the legal field. Monique also served on the Board of the Black Women Lawyers of Northern California, and is a past member of the California Minority Counsel Program (CMCP)’s Ambassadors Council, which works to expand CMCP’s outreach and promote the advancement of business attorneys of color.
With a love of sharing knowledge, Monique has presented for the CLA’s Business Law Section, Continuing Education of the Bar (CEB), California Bankruptcy Forum, Bar Association of San Francisco, Alameda County Bar Association, California Minority Counsel Program, California Bankers Association and Western Bankers Association, among other organizations. Monique also authored a chapter on the impact of bankruptcy on real property title and sales included in CEB’s Real Property Ownership and Taxation practice guide, and has served as a contributing author to Westlaw’s Commercial Finance Newsletter as a member of the CLA Business Law Section’s ad hoc authors committee.
- Represented successful purchaser of Chapter 11 debtor’s packing machinery business unit and related assets free and clear of liens in a competitive auction, and subsequently documented and facilitated the time-sensitive sale closing.
- Facilitated judicial and non-judicial foreclosure proceedings concerning commercial real estate collateral located in five different states for credit union client, resulting in payoff of all five loans in full.
- Drafted all transactional documents required to modify a multi-million dollar tax-exempt loan issued by a state municipal authority.
- After initiating loan enforcement litigation, represented investment advisory firm managing over $330 million in assets in the successful negotiation and documentation of discounted payoff agreement with distressed real estate developer borrower, with recovery totaling in excess of $9.5 million, including principal, default interest, and attorneys’ fees.
- Represented church lender with respect to defaulted multi-million dollar construction loan to borrower church, and negotiated and documented a complex lease-option purchase agreement that allowed borrower to remain in the church premises subject to the terms and conditions agreed to by the parties.
- Represented receiver in successfully selling real property of the receivership estate pursuant to a charging lien in order to partially carry judgment into effect.
- Negotiated and collected a six-figure settlement for her municipality client in complex litigation involving a state court-appointed receiver, a bankrupt entity landlord that filed for Chapter 11 bankruptcy protection, a bankruptcy court-appointed Chapter 11 Trustee, a class action suit with dozens of class members, and several related tenant suits against the landlord, among others.
- Regularly advocates for creditor clients by litigating and pursuing provisional remedies to enforce outstanding debts, including obtaining writs of attachment against individual guarantors of commercial real estate secured debt, and writs of possession/claim and delivery to obtain possession of clients’ tangible, personal property collateral.
- Regularly advocates for creditor clients in bankruptcy cases by defending preference and fraudulent conveyance actions, negotiating the proposed use of cash collateral, objecting to, or facilitating, the assumption and assignment of executory contracts and unexpired leases, and prosecuting proofs of claims.
- “Automatic Stay in Bankruptcy Proceeding Did Not Prevent Judgment Creditor from Renewing Judgment While Case Was Pending, But Ten-Year Renewal Period Was Extended” [Rubin v. Ross, 2021 WL 2283771 (Cal. App. 4th Dist. 2021)], 2021-24 Comm. Fin. News. NL 48, published in Westlaw’s Commercial Finance Newsletter, June 2021
“California Court of Appeal Holds Provision Limiting Liability in Lease is No Longer Enforceable After the Lease is Subsequently Assigned to Foreclosing Lender” [Gietzen v. Covenant RE Management, Inc., 40 Cal. App. 5th 331, 2019 WL 4635154 (2d Dist. 2019)], 2019-32 Comm. Fin. News. NL 63, published in Westlaw’s Commercial Finance Newsletter, October 2019
- “Bankruptcy Impact on Title & Sales,” chapter published in the Continuing Education of the Bar – California (CEB), Real Property Ownership and Taxation Practice Guide, February 2017 (updated April 2019)
- JPMCC 2007-C1 Grasslawn Lodging, LLC v. Transwest Resort Props. Inc. (In re Transwest Resort Props., Inc.), Bankruptcy e‑Bulletin, Insolvency Law Committee, State Bar of California, Business Law Section, March 2016
- Frealy v. Reynolds (In re Reynolds), Bankruptcy e‑Bulletin, Insolvency Law Committee, State Bar of California, Business Law Section, November 2015
- Stern v. Marshall: The End of Bankruptcy Courts As We Know Them, or Just a Minor Correction to the Bankruptcy Code? Business Law News, Business Law Section of the State Bar of California, co‑author, December 2012
- “An Introduction to California Receivership Law,” Continuing Education of the Bar – California (CEB), California Business Law Practitioner, co‑author, August 2010
- “Chapter 11 Petition Filed Before Expiration of Holdover, At-Will Tenancy Constitutes ‘Bad Faith’ Filing,” Pratt’s Journal of Bankruptcy Law, March 2008
Selected Speaking Engagements
- “Subchapter V Greatest Hits!,” with the Hon. Jennifer E. Niemann, California Bankruptcy Forum, May 2022
- “Advanced Automatic Stay Issues,” with the Hon. M. Elaine Hammond, Bar Association of San Francisco, Commercial Law and Bankruptcy Section, September 2021
- “Risk Management and Bankruptcy Exposure: Strategies in the Era of COVID-19,” Western Bankers Association Regulatory Compliance Conference, October 2020
- “The New California Homestead Exemption: Scenarios on its Effect,” with the Hon. Scott C. Clarkson, Los Angeles Bankruptcy Forum, October 2020
- “Practical Courtroom Tips for Lawyers,” with the Hon. Hannah Blumenstiel, Bar Association of San Francisco, Commercial Law and Bankruptcy Section, May 2019
- “Recent Developments Affecting Real Estate Secured Lending,” State Bar of California, Business Law Section, July 2017
- “Preparing for a Downturn: What Commercial Landlords and Tenants Should Know About Bankruptcy,” Association of Corporate Counsel, Bay Area Chapter, April 2016
- “Much Ado About Nothing? Lien Stripping in Chapter 7 Bankruptcy and the Supreme Court’s Caulkett Decision,” Bar Association of San Francisco, Commercial Law and Bankruptcy Section, July 2015
- “Maximizing the Value of Intellectual Property in Bankruptcy,” Association of Corporate Counsel, Bay Area Chapter, June 2015
- “Hot Topics in Commercial and Real Estate Lending,” California Bankers Association, Bank Counsel Seminar, May 2015
- American Bar Association, Loan Workouts Subcommittee, Vice-Chair
- Turnaround Management Association, Northern California chapter
- California Minority Counsel Program, Ambassadors Council
- California Lawyers Association, 2018-19 Chair, Business Law Section
- California Lawyers Association, Business Law Section, Executive Committee, Advisor
- State Bar of California, Business Law Section, Vice-Chair of Publications, Diversity Coordinator and Standing Committee Coordinator
- National Coalition of 100 Black Women, Silicon Valley Chapter, Public Policy Committee
- State Bar of California, Business Law Section, Insolvency Law Committee Co‑Chair, Co-Vice Chair, eBulletin Editor-in-Chief
- Black Women Lawyers of Northern California, Board of Directors
- United States Bankruptcy Court for the Northern District of California, Bench-Bar Liaison Committee
- California Bankruptcy Forum Conference, Young Insolvency Professional Program Co‑Chair and program producer
- Bay Area Bankruptcy Forum, Board of Directors
- International Women’s Insolvency and Restructuring Confederation, Northern California chapter
- Financial Women of San Francisco (fka Financial Women’s Association of San Francisco), Board of Directors, Secretary and Chair of Scholarship Committee
- Girl Scouts of Northern California, Camp CEO
- State Bar of California (2001)
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. District Court for the Northern District of California
- U.S. District Court for the Eastern District of California
- U.S. District Court for the Central District of California
- U.S. Bankruptcy Court for the Northern District of California
- U.S. Bankruptcy Court for the Eastern District of California
- U.S. Bankruptcy Court for the Central District of California
- U.S. Bankruptcy Court for the Southern District of California
- J.D., University of Southern California School of Law
- B.A., Politics (minor in Japanese), University of San Francisco