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San Francisco

T(415) 273-7426

Email William "Bill" W. Huckins
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Education

  • J.D., University of Utah, S.J. Quinney College of Law

  • B.S., cum laude, University of Colorado

Bar Admissions

  • California

  • Colorado

  • Hawaii

Services

  • Restructuring, Insolvency & Bankruptcy

  • Litigation & Counseling

Industries

  • Financial Services

Memberships

  • ABI

  • American Bar Association

  • California and Bay Area Bankruptcy Forums

  • Receivers’ Forum

  • Turnaround Management Association

William "Bill" W. Huckins

Partner

Bill is a bankruptcy and creditor's rights and litigation partner in the San Francisco office. Bill represents financial institutions, investment funds, insurance companies, and other interested parties in state court, United States District Court, and bankruptcy proceedings.

Bill regularly represents receivers and referees in state court proceedings. Bill also frequently represents strategic asset purchasers, property owners, developers, franchisors, and intellectual property licensors in a variety of matters.

Bill has successfully litigated numerous contested plan proceedings, including cram-down attempts, relief from stay proceedings, avoidance actions, equitable subordination claims, cash collateral proceedings, and contested lease and license assignments. Bill has also represented several asset purchasers and strategic investors/lenders in bankruptcy asset sale proceedings.

In addition to his bankruptcy and creditors' rights experience, Bill has also litigated lender liability claims, business torts, fraudulent transfer allegations, entity formation disputes, breach of contract claims, letter of credit disputes, issuance disputes, lien priority disputes, and numerous real property disputes including landlord-tenant matters.

Bill's reported decisions include a variety of bankruptcy issues, such as:

  • a tenant's right to retroactively reject nonresidential real property leases (In re At Home Corporation, 392 F.3d 1064 (9th Cir. 2004)).
  • a secured creditor's post-petition proceeds security interest under a blanket lien (In re Qmect, Inc., 373 B.R. 682 (N.D. Cal. 2007).
  • a secured creditor's right to post-petition attorneys’ fees as part of unsecured claim (In re Qmect, Inc., 368 B.R. 882 (N.D. Cal. 2007).

Bill’s pro bono legal representation includes the defense of a non-profit women's organization in a protracted breach of contract trial.

Before his legal career, Bill worked as a management consultant and senior financial advisor in the restructuring arena.

Bill has successfully litigated numerous contested plan proceedings, including cram-down attempts, relief from stay proceedings, avoidance actions, equitable subordination claims, cash collateral proceedings, and contested lease and license assignments. Bill has also represented several asset purchasers and strategic investors/lenders in bankruptcy asset sale proceedings.

In addition to his bankruptcy and creditors' rights experience, Bill has also litigated lender liability claims, business torts, fraudulent transfer allegations, entity formation disputes, breach of contract claims, letter of credit disputes, issuance disputes, lien priority disputes, and numerous real property disputes including landlord-tenant matters.

Bill's reported decisions include a variety of bankruptcy issues, such as:

  • a tenant's right to retroactively reject nonresidential real property leases (In re At Home Corporation, 392 F.3d 1064 (9th Cir. 2004)).
  • a secured creditor's post-petition proceeds security interest under a blanket lien (In re Qmect, Inc., 373 B.R. 682 (N.D. Cal. 2007).
  • a secured creditor's right to post-petition attorneys’ fees as part of unsecured claim (In re Qmect, Inc., 368 B.R. 882 (N.D. Cal. 2007).

Bill’s pro bono legal representation includes the defense of a non-profit women's organization in a protracted breach of contract trial.

Before his legal career, Bill worked as a management consultant and senior financial advisor in the restructuring arena.

Lenders and Financial Institutions

  • Large National Lender (Orange County, California and Las Vegas, Nevada). Loan enforcement matters totaling approximately $50 million, obtaining stay relief in contested evidentiary proceedings, which allowed the lender to foreclose on commercial properties in Orange County and Las Vegas, while defeating lender liability claims by the borrower. 
  • Large Midwest Bank (San Diego, California and Las Vegas, Nevada). Enforcement of a $130 million construction loan secured by a master-planned development in Temecula, California, successfully obtaining stay relief in Bankruptcy Court in Nevada, allowing the lender to foreclose on its collateral. 
  • Large Southern California Lender (San Francisco, California). Prevailed in lengthy stay relief and plan confirmation trial, allowing a large Southern California lender to proceed with enforcement actions against a waterfront Brownfield site on San Francisco bay, which secured a $30+ million loan. 
  • Large Southern California Lender (Sacramento, California). Prevailed in a contested stay relief proceeding for a large Southern California lender involving a $31 + million loan secured by luxury hotel, spa, and marina on the Sacramento riverfront, permitting foreclosure of the property and subsequent sale of the hotel, while defeating two lender liability lawsuits brought by the debtor and co-obligor. 
  • Large Southern California Lender (Orange County, California). Prevailed in a hotly-contested stay relief and plan confirmation proceeding for a large Southern California lender involving a $29 million loan secured by an 88-acre mixed-use development in Indio in which the borrower/debtor and guarantors attempted to cramdown the lender for 10 years at below market interest rates while simultaneously seeking to enjoin enforcement of third-party guarantees. 
  • Large National Lender (Oakland, California). Represented large national lender in hotly-contested receivership action and subsequent bankruptcy case, obtaining stay relief, which allowed the lender to foreclose and obtain full recovery on the loan at the trustee's sale, and dismissal of lender liability claims against the lender. 
  • Large Southern California Lender (Sacramento, California). Obtained stay relief for a large Southern California lender in contested bankruptcy cases involving approximately $20 million in defaulted loans secured by Sacramento area apartment complexes, leading to a capital infusion and consensual debt restructuring on one property and a subsequent sale of another property through a receivership. 
  • Subordinated Debt Fund (San Francisco, California). Represented debt fund in multiple related bankruptcy cases, obtaining stay relief which allowed fund to foreclose on its real and personal property collateral, defeating lender liability claims, defeating challenges to the fund's blanket lien rights at the trial court and on appeal, and defeating an avoidance action alleging improvement in the lender's floating lien in the 90-day period prior to bankruptcy. 
  • Special Servicers (California). Represented special servicers in numerous bankruptcy and loan enforcement matters secured by a wide-variety of asset types from commercial shopping centers to heavy earth-moving equipment.

Property Owners 

  • Resort Developer (Honolulu, Hawaii). Represented Maui Land & Pineapple in Kapalua Bay Hotel bankruptcy in Hawaii, successfully asserting rights under ground lease and right of first refusal, which led to the transfer of the hotel to a new owner and operator. 
  • Hotel Owner (San Francisco, California). Represented the owner of three Bay Area Embassy Suites hotels in bankruptcy of restaurant and food and beverage operator at the properties, resulting in purchase by hotel owner of the restaurants and food and beverage operations and transfer to a new operator. 
  • Hotel Owner (Boston, Massachusetts). Represented owner of San Diego Holiday Inn in bankruptcy of restaurant and food and beverage operator at the property, leading to transfer of the operations to a new operator.

Other Bankruptcy Representations

  • Joint Venture Secured Creditor (Portland, Oregon). Represented joint venture purchaser of debt secured by Portland, Oregon office building in hotly-contested stay relief and plan confirmation proceedings. 
  • Junior Lien Creditor (San Francisco, California). Represented partially secured junior lien creditor in a contentious and protracted Bankruptcy Code § 363(f) asset purchase transaction involving creative use of claims held by creditor and third-party financing to acquire all of the debtor's assets. 
  • Construction Company and Lienholder (Los Angeles, California). Represented construction management company and large lienholder in bankruptcy of residential tower in downtown Los Angeles, California, obtaining full recovery on multi-million dollar claim. 
  • Burger King (Oakland, California). Represented Burger King Corporation in franchisee bankruptcy cases, orchestrating sale and transfer of restaurants to approved parties. 
  • Largest Creditor in At Home (San Francisco, California). Represented the largest creditor in At Home in a corporation bankruptcy case. 
  • National Law Firms (San Francisco, California). Successfully defended national law firms from fraudulent transfer claims in law firm bankruptcy, obtaining dismissal of one claim and favorable settlement in another.

Other Selected Business Litigation Representations 

  • Letter of Credit Dispute (San Francisco, California). Represented beneficiary in litigation with letter of credit applicant, which enabled beneficiary to draw on multi-million-dollar letter of credit. 
  • Letter of Intent Dispute (San Jose, California). Defended developer of prominent mixed-use project in trials over whether a one-page document was a non-binding letter of intent or binding contract. 
  • Stock Option Dispute (San Francisco, California). Represented one of the original employees of successful technology company in dispute over entitlement to vested stock, recovering multi-million-dollar award for the employee. 
  • Joint Venture Dispute (San Francisco, California). Defended developer in dispute with joint venture partner against breach of contract and breach of fiduciary duty claims, allowing developer to continue as managing member of large commercial office development. 
  • Partnership Dispute (Los Angeles, California). Represented partner in dispute over ownership and right to profits from portfolio of apartment buildings in Los Angeles, obtaining a favorable result for partner following trial.
  • Examining Default Triggers: Underperformance vs. Maturity Default vs. Loan Covenant Violations

    San Francisco, CA

    4.17.24

  • 53rd Annual Litigation Seminar

    Virtual Event

    11.05.20

  • Bankruptcy Panel

    San Diego, California

    10.15.15

  • IMN's West Coast Bank & Financial Institutions Forum on Special Assets & Real Estate Workouts

    Santa Monica, California

    9.09.14

  • Bankruptcy Overview and Issues Affecting Commercial Real Estate

    Hayward, California

    11.19.09

  • Walnut Creek Breakfast Briefing

    Walnut Creek, California

    9.23.09

  • Bankruptcy Remote Does Not Mean Bankruptcy Proof

    San Francisco, California

    1.09.09

  • Bankruptcy Reform Act Highlights

    San Francisco, California

    6.01.05

  • Recent Developments in "Bad Faith" Bankruptcy Filings

    San Francisco, California

  • California Court of Appeal Clarifies a Judgment Creditor's Right to Third Party Discovery in Aid of Enforcement of Judgment

    7.06.17

  • Allen Matkins Celebrates Firm's 40th Anniversary

    David L. Osias and William Huckins in the Daily Journal

    Press Mention

    5.15.17

  • A Secured Lender Must Receive Default Interest Under a Chapter 11 Plan Purporting to Cure a Defaulted Loan in the Ninth Circuit

    A recent Ninth Circuit decision overturned earlier case law allowing debtors to avoid paying default interest when a defaulted loan was "cured" through a confirmed plan of reorganization.

    1.18.17

  • Ninth Circuit Bankruptcy Appellate Panel Holds that an Oversecured Creditor Is Entitled to Default Interest After the Petition Date and Before Plan Confirmation

    5.20.16

  • Supreme Court Reaffirms the Inability of a Chapter 7 Debtor to Strip a Lien

    6.12.15

  • An Appeal of a Bankruptcy Sale Order May Be Moot Regardless of Whether the Seller Actually Had the Authority to Sell the Assets

    11.20.14

  • Is there a Serious Threat to a Secured Creditor's Right to Credit Bid at Bankruptcy Sales, or Is the Impact of Recent Cases Narrower?

    9.04.14

  • How Remote is Bankruptcy Remote? Is an Operating Agreement Restriction Against a Bankruptcy Filing Without the Unanimous Consent of All Members Enforceable?

    8.15.14

  • The Ninth Circuit Allows Oversecured Creditors in Bankruptcy to Recover Default Interest

    This alert pertains to loan enforcement and entitlement to interest and affects any party to a secured debt obligation that provides for default interest.

    8.24.08

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