Cases

Representative Cases

The following are recently completed representative engagements for the firm:

  • Obtained $900,000 non-dischargeable judgment against guarantor involving famed aircraft collateral cannibalization.
  • Represented local bank obtaining receivers leading to par sales of two commercial loans.
  • Represented regional bank as principal creditor in large North Bay bankruptcy case.
  • Represented real estate developer in acquiring and getting paid on bankruptcy claims in the largest home builder bankruptcy case in California.
  • Represented real estate developer in the largest “Ponzi Scheme” real estate bankruptcy case in San José.
  • Represented food supplier in Sacramento preference defense litigation where dismissal without any payment was obtained.
  • Represented central coast single branch bank in all bankruptcy and collection matters before its closure.
  • In re: Quail Lake Estates Associates, L.P., 2008 WL 4532182 (Bankr. N.D. Cal.2008) (Denying confirmation of “hold and wait” plan in large single asset real estate case).
  • C.H.E.G v. Millennium Bank, 99 Cal.App.4th 505 (2002) (Sale of real property subject to lease free and clear of liens and interests cuts off right of real estate broker to claim commission under lease).
  • Kasdan, Simonds, McIntyre, Epstein & Martin v. World Savings & Loan Assn., (In re Emery), 317 F.3d 1064 (9th Cir. 2003) (Moneys received by trustor in settlement of property damages claim need not be turned over to real property secured creditor).
  • ATEL Financial Corp. v. Quaker Coal Company, 132 F.Supp.1233 (N.D. Cal. 2001), aff’d, 321 F.3d 924 (9th Cir. 2003) (per curiam) (Enforceability, under California law, of liquidated damages clause in commercial equipment leases).
  • In re: Kord Enterprises, 139 F.3d 684 (9th Cir. 1998) (Right of over-secured creditor to recover attorney fees under Bankruptcy Code Section 506(b) includes attorney fees for issues peculiar to Federal Bankruptcy Law).
  • Susan D. Lundborg v. Phoenix Leasing, Inc., 91 F.3d 265 (1st Cir. 1996) (Collateral estoppel effect of Maine state court judgment dismissing RICO and usury claims on subsequent bankruptcy claims, and federal abstention doctrine).
  • Damir v. Trans Pacific National Bank, 196 B.R. 167 (N.D. Cal. 1996) (Summary judgment that lender was not insider of debtor for purposes of bankruptcy preference statutes of limitations where only a debtor/creditor relationship was demonstrated).
  • MATV-Cable Satellite, Inc. v. Phoenix Leasing Inc, 159 B.R. 56 (Bankr. S.D. Fla. 1993) (Case may be removed from District Court to Bankruptcy Court under Bankruptcy Rule 9027).
  • Obtained receiver in multi- asset East Bay matter on eight figure secured loan followed by two relief from stay orders, keeping receiver in place, and dismissal of BAP appeal filed by debtor.
  • Obtained contested order for relief in involuntary Chapter 7 case representing four creditors against San Francisco real estate professional accused of misappropriating $20mm.
  • Represented co-owner of apartment complex in Oakland in partition action, obtaining contested sale by partition order and defending appeal from that order.
  • Represented Certified Development Corporation in two single asset Chapter 11 cases where lender was paid in full in both cases on multi-million dollar loans.
  • Represented minority co-owner of mixed use property in San Francisco in bankruptcy in highly contested case in successful navigation of sale of that property through bankruptcy.
  • Represented the purchaser of the Mission Rock Resort in acquiring that asset through a bankruptcy sale.

Current Matters

Recent current matters pending with Wiseblood Law include:

  • Represent the lead lender in an involuntary Chapter 11 case involving San Francisco’s premier jazz club.
  • Represent national bank in ex parte receivership involving commercial real property in the North Bay
  • Represent national bank in a variety of assisted care facility bankruptcy cases.
  • Represent regional bank in multiple single-asset real estate bankruptcy cases.
  • Represent regional bank in all California commercial workout and forbearance agreements.
  • Represent local real estate investor in foreclosure defense action.
  • Represent regional bank in pending judicial foreclosure/guarantee cases.
  • Represent regional bank in multi-million dollar mixed collateral loan litigation.
  • Represent SBA lender in statewide bankruptcies and workouts.
  • Represent tort judgment creditors in individual Chapter 11 real estate case.
  • Recently won a trial on relief from stay motion on substantial commercial property for national bank with waiver of stay of enforcement of order.
  • Represented nationally known restaurateur in purchasing out of bankruptcy iconic Dogpatch restaurant.
  • Represent principal creditor in pending real estate fraud bankruptcy case.
  • Represent regional bank in complex general contractor bankruptcy case pending in Modesto.
  • Represent regional bank in pending commercial real property receiverships.
  • Represent SBA in pending federal fraudulent transfer litigation presenting questions of first impression under federal debt collection law and questions of preemption.
  • Represent co-owner of property in pending action where we obtained appointment of receiver in partition action involving multi-unit building in San Francisco.
  • Represent secured lender in pending Chapter 11 cram-down case.
  • Represent major supplier creditor in largest business Chapter 11 case filed in the Northern District in several years.

Testimonials

He can be a really diplomatic attorney and be the proverbial shark.”- Chris Anderson, Special Assets Manager, Wachovia Small Business Capital
David is tenacious in protecting our Bank’s rights and maximizing recovery on troubled debts.”- Michael Sinclair, Senior Vice President, Liberty Bank