Business Attorney…Who Means Business
Represented a skilled nursing facility corporation in a successful Chapter 11 in which a plan for reorganization was confirmed with over 20 large unsecured creditors. Negotiated cash collateral issues, entered into stipulations to assume three unexpired leases, resolved Quality Assurance Fee Dispute with the Department of Health Care Services, successfully resolved a creditor’s Motion to Compel Debtor to assume or reject contract and successfully restructured the secured priority and unsecured trust fund tax delinquency claims owed to the Internal Revenue Service, allowing skilled nursing facility to successfully emerge out of Chapter 11 Bankruptcy.
Represented an individual investor who owned multiple apartment complexes and single family residence in a successful Chapter 11 in which a plan for reorganization was confirmed, which resulted in Debtor retaining most of his properties.
Represented business owner against Chapter 13 Debtor who claimed that he was a partner with the Creditor. Debtor filed an Adversary Proceeding against Creditor contending he was a 50% shareholder of the company and thus is entitled under California law to half of its assets, valued at over $150,000. Creditor denied that the Debtor’s Adversary Proceeding was Core and asked that the Court to abstain from hearing this adversary proceeding under 28 U.S. Code § 1334(c)(1). After carefully considering the parties’ positions, the court determined that other than the fraudulent conveyance claim (for which there was identical relief under a separate California statute, Debtor’s claims were non-core matters that existed independent of his rights as a Chapter 13 debtor, making abstention appropriate.
Represented Creditor Buyer against Debtor Seller in adversary proceeding related to a failed purchase of an automobile dealership by Creditor who was also Debtor’s partner. Debtor failed to repay the Creditor the $700,000 note that was secured by the dealership property which he promised to pay, failed to repay Creditor on the settlement agreement that was reached in state court, despite having money in excess of the settlement amount at the time, and failed to pay the Creditor all the money he put into the dealership if the purchase fell through, for whatever reason. Obtained a favorable stipulated judgement in the amount of $650,000 for nondischargeability of debt pursuant to 11 U.S. Code Section 523(a)(2)(A) based on fraud, 11 U.S. Code Section 523(a)(4) based upon defalcation, and 11 U.S. Code Section 523(a)(6) based on willful and malicious injury.
David M. Sternberg, Attorney-at-Law
319 Lennon Lane Suite A
Walnut Creek, CA 94598