Bankruptcy

Our group represents creditors and other non-debtor parties in a broad range of commercial bankruptcy, reorganization, and workout matters, including related litigation and credit and business transactions.

Positive Results for Our Clients

Our extensive experience with reorganizations, restructurings and insolvencies, creditor-debtor relationships, and bankruptcy allows us to achieve positive results for our clients.  We protect their interests and rights in and out of bankruptcy proceedings on an expeditious and cost-effective basis, with an eye toward reducing litigation risk and expense whenever possible. 

Our bankruptcy and insolvency attorneys are expert in issues involving:

  • Cash collateral
  • Claim prosecution and defense
  • Dischargeability actions
  • Disclosure statements and reorganization plan negotiations and proceedings
  • Environmental matters
  • Landlord representation
  • Preference and fraudulent conveyance defense
  • Prosecution and defense of appeals
  • Relief from stay, abandonment and other substantive motions
  • Sales or other dispositions of assets
  • Alternative insolvency proceedings such as assignments for benefit of creditors

Wide Variety of Clients

Hopkins & Carley represents secured and unsecured creditors, asset purchasers, vendors, landlords, state court receivers, trustees, and other interested parties.

We have worked on behalf of clients in the technology, food and beverage, retail, industrial and manufacturing sectors, as well as from many other industries.

  • Prevailed for secured creditor client in Chapter 11 case involving competing plans and claim objection trial, resulting in recovery by client of all obligations including default interest and attorney’s fees.
  • Obtained multi-million dollar nondischargeability judgment against principal of borrower who falsified financial information.
  • Handled many dispositions of secured creditor collateral through Article 9 foreclosures and alternatives such as sales by assignees for the benefit of creditors.
  • Represented senior secured creditor in consolidated Chapter 11 case on issues related to debtor in possession financing, sale of bulk of assets, surcharge claim by debtors, collection of receivables and ultimate dismissal of case.
  • Handled defense of multi-million dollar fraudulent conveyance claim brought by trustee against secured creditor client arising from payments made by an operator of a Ponzi scheme.  After substantial litigation, case settled in mediation within client’s targeted settlement parameters.
  • Successfully defended a creditor who foreclosed on real property against claims for damages and attorney’s fees for violation of an automatic stay, ultimately obtaining retroactive annulment of the stay.
  • Represented successful purchaser of Chapter 11 debtor’s packaging machinery business in competitive auction, and obtained 363(m) finding of good faith.
  • Drafted all transactional documents required to modify a multi-million dollar tax-exempt loan issued by a state municipal authority.
  • Represented a major Bay Area municipality in the Chapter 11 filing by one of the largest terminal operators at a West Coast port.
  • “Directors Owe Fiduciary Duties to Creditors of Insolvent Companies”, May 26, 2016
  • “U.S. Supreme Court Expands Types of Fraud Which May Bar a Bankruptcy Discharge”,  March 23, 2016
  • “Court Confirms Bankruptcy Filing Prevents Expiration of Judgment Creditor's ORAP Lien”, February 18, 2016
  • “Appellate Court Severely Undercuts Chapter 11's Usefulness For Individual Debtors”, January 28, 2016
  • “Hopkins & Carley Continues Expansion”

Creditors May Save Time and Money By Raising Plan Confirmation-Related Objections to a Chapter 11 Disclosure Statement

A recent Chapter 11 reorganization case gives creditors more incentive to raise plan confirmation-related objections at the disclosure statement hearing before the plan is presented for confirmation. Read more »

Lender Fails to Collect Default Interest Based on Poorly-Drafted Loan Documents

A recent California case warns that interest may not be collectible at a default rate following loan maturity if the loan documents are not properly drafted. Read more »

Typo Disastrous for Lender

The case provides a startling example of the drastic consequences of failing to carefully proofread loan documents. Read more »

Appellate Court Severely Undercuts Chapter 11's Usefulness For Individual Debtors

In an important decision, the Ninth Circuit Court of Appeal has settled a disputed question among California and other western bankruptcy judges to the advantage of lenders and other creditors. Read more »

Court Confirms Bankruptcy Filing Prevents Expiration of Judgment Creditor's "ORAP" Lien

For some time, there has been uncertainty about the impact of a judgment debtor's bankruptcy on the duration of an ORAP lien. Read more »

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