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.

Business Bankruptcies: A Rising Tide of Filings?

While business bankruptcies have hit historic lows since the Great Recession, market developments and changes in the legal landscape suggest these numbers are due to rise. Read more »

Recent Court Decision Exposes Banks To Preference Liability For Payment Of Overdrafts

Recently, the Eighth Circuit Court of Appeals issued a ruling that overdraft payments advanced by Banks which are later repaid by their customer constitute preferential transfers under the Bankruptcy ... Read more »

Tapping Their Toes to a Longer Tune: Trustees are Stepping into the Shoes of the IRS to Recover Fraudulent Transfers Up to Ten Years After They Were Made

Can a bankruptcy trustee recover a fraudulent transfer made six, eight, ten years ago? Bankruptcy courts around the country are answering that question with a resounding "yes", so long as the IRS hold... Read more »

Ninth Circuit Rules That Trustees May Recover Bank Deposits Irrespective of the Bank's Possessory Setoff Rights in Such Deposits

Ninth Circuit Court of Appeals recently ruled that a bank may have to return a borrower's funds held in an ordinary bank deposit account less than 90 days before the borrower's bankruptcy. Read more »

Ninth Circuit Changes Mind To Favor Creditors In Post-Default Interest Decision

The Ninth Circuit Court of Appeals recently issued a decision that gives creditors a powerful tool in Chapter 11 bankruptcy cases going forward. Read more »

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