Overview
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.
Experience
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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.
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Successfully represented creditor in appeal by debtor of lower court rulings. The 11th Circuit Court of Appeals ruled in favor of our client that the bankruptcy judge and district judge did not err allowing our client, the holder of a multimillion-dollar fraudulent-transfer judgment against a Chapter 7 debtor who diligently prosecuted his case, extra time to effect service of process in an adversary proceeding to have the debt declared nondischargeable.
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Obtained multi-million dollar nondischargeability judgment against principal of borrower who falsified financial information.
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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.
Bankruptcy Bytes
Money Matters: Leasehold Financing, Part 3: Mortgageability of a Leasehold
In Part 3 of Money Matters: Leasehold Financing, Marie Gribble offers a brief discussion and analysis of the most important provisions of a mortgageable ground lease. Read more »
Money Matters: Leasehold Financing, Part 2: How To Document A Leasehold Loan
Watch Ross Adler discuss how to document a loan secured by a leasehold, describing the documentation required and how to deal with both the landlord and the landlord's lender. Read more »
Money Matters: Leasehold Financing, Part 1: An Introduction
Watch introduction to the topic of leasehold financing and discussion of some of the differences between conventional real estate financing and leasehold financing, where the landlord, tenant and eac... Read more »
COVID-19 Update II: The CAA Expands Protections for Debtors and Creditors in Bankruptcy
On December 27, 2020, President Donald J. Trump signed the Consolidated Appropriations Act of 2021 ("CAA") into law. The CAA was enacted in part to expand the economic stimulus relief provided by the ... Read more »
Privacy Issues in Bankruptcy Sales
As we move closer to a global recession caused by the current pandemic, some companies will find themselves in the unfortunate position of having to seek bankruptcy relief. Read more »