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Bankruptcy,11,Free Initial Consultation,Debtor,Creditor,Bankruptcy Law,Chapter 7,Debtor-Creditor,Chapter 7-11-13,Debt Relief Agency,Creditor/Debtor
Trusts and Estates
Estate PlanningOur real estate law practice includes sales and acquisitions, commercial leasing, financing and lending issues, deed of trust and foreclosure issues, formation and management of joint ventures, partnerships and limited liability companies (LLCs), and real estate litigation. Our business law practice includes counseling businesses and individuals in matters such as asset protection planning, entity formation, business acquisitions and dispositions, secured transactions, management and shareholder disputes, and negotiating all types of contracts and business agreements. We are also frequently retained to evaluate bankruptcy issues in real estate and business transactions.
BankruptcyBinder & Malter LLP also has considerable experience in all types of bankruptcy litigation, routinely prosecuting and defending a wide-range of claims in bankruptcy courts throughout Northern California. Our attorneys have also handled a number of high-stake bankruptcy appeals. Typical engagements include defending preference, fraudulent conveyance, avoidance, and turnover actions. Binder & Malter LLP has also successfully represented clients in thousands of relief-from-stay proceedings, and has considerable experience representing commercial landlords in relief-from-stay motions.
ForeclosureMr. Harris is the author of an ILC Affirmative Legislative Proposal that Senator Ellen M. Corbett sponsored as SB 1069, providing homeowners who have refinanced their mortgages the same protection against deficiency judgments following a judicial foreclosure that homeowners who never refinanced enjoy under Code of Civil Procedure section 580b. Click Testimony to view the testimony provided by Majority Leader Corbett and Mr. Harris before the Senate Judiciary Committee in May, 2012. SB 1069 was signed into law on July 9, 2012.
Business and Corporate Law
Corporate LawIn order to effectively represent any party in financial distress, an attorney must be both an excellent litigator and negotiator and possess an in-depth understanding of what can be achieved through the bankruptcy process. Our attorneys have successfully negotiated and implemented countless plans of reorganization, assets sales, and settlements with creditors and have considerable experience counseling companies experiencing financial distress in matters such as corporate governance, financing...
Business DisputesCourses included Legal Research and Writing, Introduction to Business Law, Civil Litigation I and II, General Business, Corporation/Partnerships
Limited Liability Companies
Intellectual PropertyMs. Smith has over 25 years of experience in commercial litigation in federal, state, and appeals courts. In the area of commercial insolvency, she has represented all stakeholders including creditors, debtors, trustees and creditors committees. Ms. Smith’s expertise also includes secured transactions, real property, intellectual property licensing, mediation, early neutral evaluation, and appeals.
Real Estate LitigationBinder & Malter LLP maintains an active commercial litigation practice, frequently representing companies of all types in business and commercial disputes involving matters such as contract and payment disputes, commercial real estate disputes, collection and collection defense, and pre- and post judgment remedies.
Construction LitigationPrior to joining Binder & Malter LLP, Mr. Penhallegon worked at a law firm specializing in real estate and construction law where he represented owners, developers, and contractors in a wide-range of real estate, construction, and business matters. Mr. Penhallegon is a member of both the California and Washington State bars and is also a licensed real estate broker.
Real Estate TransactionsDefended fraudulent conveyance action filed in bankruptcy court by chapter 11 trustee arising from a series of complex real estate sales and exchanges in which trustee was seeking approximately $10 million. The case was successfully settled on the eve of trial for a fraction of trustee’s initial demand after a successful motion for summary judgment.
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