BMK has represented debtors, secured and unsecured creditors, post-petition lenders, ad hoc and official creditors’ committees, investors, asset purchasers, trustees, landlords, aircraft lessors, contract counterparties, current and former equity holders and insiders, government agencies, and others in complex bankruptcy cases (including Chapter 9 municipal insolvencies), adversary proceedings, out-of-court restructurings, and mediations throughout the United States. We have prosecuted and defended virtually every type of claim and issue that can and does arise during a bankruptcy case, including fraudulent transfer actions (actual and constructive fraud), preference actions, other types of avoidance actions, asset turnover actions, subordination actions, claims objections, bankruptcy fraud, breach of fiduciary duty, illegal dividend, alter ego and veil piercing, confirmation of chapter 11 plans of reorganization or liquidation, 11 U.S.C. § 363 sales transactions, relief from the automatic stay, Federal Rule of Bankruptcy Procedure 2004 examinations, nondischargeability and denial of discharge actions, and revocation of discharge actions. We have conducted asset recovery investigations, conducted trials before the bankruptcy courts, and represented clients in bankruptcy appeals in the district courts, before the Ninth Circuit Bankruptcy Appellate Panel (BAP), and the Second, Third, and Ninth Circuits.
Our team includes Steven J. Katzman – the former United States Trustee for the Districts of Hawaii, Guam, the Northern Mariana Islands, and the Southern and Central Districts of California – and former law clerks for bankruptcy judges in the Central District of California. Because of our deep knowledge, decades of experience, and insight into the bankruptcy court process, system, laws, and rules of procedures, we are frequently asked to serve as expert witnesses on bankruptcy issues.
BMK attorneys combine their courtroom experience and in-depth familiarity with the law to aggressively pursue their clients’ interests. Our understanding of how bankruptcy issues affect day-to-day business operations allows us to counsel our clients on practical ways to achieve their goals, which may include creative and practical out-of-court workouts. We are well known for our litigation capabilities, which usually motivate our adversaries to negotiate and consider efficient consensual resolutions. From advising to negotiating to litigating, we know how to achieve successful results under often expedited time pressures.