Creditor’s Rights

This includes representing creditors and debtors in claims regarding non-payment of debt arising out of sales of good or services, and loans. We domesticate judgments obtained in another country or another State. We handle pre-judgment and post-judgment collection.

Representative Matters:

  • Obtained 100% recovery on behalf of private lender and limited liability company member in high-end gyms regarding breach of loan and other agreements.
  • Represented the FDIC/FSLIC as Receiver in prosecuting claims on loan agreements, guarantees and promissory notes, resulting in judgments of tens of millions of dollars.
  • Represented judgment creditor in prosecuting fraudulent transfer claim when a record producer, judgement debtor transferred music publishing rights to avoid payment.
  • Represented savings & loan association in obtaining an ex-parte (with no notice) pre-judgment writ of attachment resulting in obtaining all of the debtor’s assets pre-judgment, including the placement of a keeper for all cash receipts and sales of a jewelry business.
  • Obtained a landmark Federal Appellate Opinion on behalf of a factoring company in the 9th Circuit Court of Appeals in a case seeking disgorgement under the Perishable Agricultural and Commodities Act.
  • Represented national bank regarding claims under the Perishable Agricultural and Commodities Act (PACA) relating to is loans in the agricultural or produce industries.
  • Represented client in filing breach of guarantee of judgment debtor’s settlement obligation.
  • Represented numerous businesses to collect unpaid receivables or for breach of contract in collection lawsuits.
  • Obtained a $500,000 settlement representing the principals of one of the largest motion picture studios in Italy in the enforcement of a foreign-country judgment that had been obtained nearly 10 years earlier in Italy arising out of a fire on the set of the film Man on Fire.
  • Represented parties in domesticating sister-state judgements in California.
  • Defended a collection lawsuit on behalf of a large, national law firm, brought by an expert witness to collect expert witness fee after the law firm’s client’s insurance carrier was placed into receivership.
  • Represented real estate developers in defending claims on mechanic’s liens and for collection.
  • Defended a multi-million-dollar lender liability claim alleging fraud, breach of fiduciary duty and negligence against a major national bank and the former Chairman of the Board of one of its acquired banks.
  • Defended multiple lender liability claims against the receiver for failed a savings and loan association.