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Restructuring, Insolvency & Bankruptcy

Parties to State and Bankruptcy Court Litigation

Allen Matkins represents clients in Bankruptcy and State Court litigation involving financially distressed parties. In bankruptcy, we represent clients with involuntary bankruptcy petitions and trustee elections, and we defend clients against avoidance allegations, claim objections, equitable subordination/re-characterization claims, and allegations of lender misconduct. In State Court, we represent clients in judicial and non-judicial foreclosures, provisional remedies, including attachments and reclamation, guaranty enforcement, and judgment enforcement remedies.

EXPERIENCE

We assist clients in of all aspects of bankruptcy litigation, including: 

  • Involuntary petitions and trustee elections 
  • Debtor-in-possession financing and cash collateral motions 
  • Relief from the automatic stay 
  • Valuation 
  • Sales 
  • Assumption and rejection of executory contracts and unexpired leases 
  • Motions over control of the case, such as motions to dismiss or convert and trustee litigation 
  • Plan confirmation, including all aspects of cramdown such as interest rate, loan terms, feasibility, lien impairment, classification and new value
  • Fraudulent transfer and preference actions 
  • Objections to claim
  • Adversary proceedings involving equitable subordination and lender liability claims

We represent clients in: 

  • Judicial and non-judicial foreclosure 
  • Provisional remedies, claim and delivery, attachments, and reclamation 
  • State and federal receivership 
  • Guaranty enforcement 
  • Enforcement of judgments
  • Assumption and rejection of executory contracts and unexpired leases 
  • Motions over control of the case, such as motions to dismiss or convert and trustee litigation 
  • Plan confirmation, including all aspects of cramdown such as interest rate, loan terms, feasibility, lien impairment, classification and new value
  • Fraudulent transfer and preference actions 
  • Objections to claim
  • Adversary proceedings involving equitable subordination and lender liability claims

We represent clients in: 

  • Judicial and non-judicial foreclosure 
  • Provisional remedies, claim and delivery, attachments, and reclamation 
  • State and federal receivership 
  • Guaranty enforcement 
  • Enforcement of judgments
  • Related  Services

  • Restructuring, Insolvency & Bankruptcy

  • Litigation & Counseling

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Timothy Hutter and Heather Riley Named 2024 Leaders of Influence in Law by the San Diego Business Journal

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