Bankruptcy Litigation
Bankruptcy Litigation
Carter Arnett Stahl + Cho Hernandez attorneys have successfully represented clients in bankruptcy proceedings to protect their interests as creditors in a wide variety of bankruptcy court proceedings, including motions for relief from the automatic stay, allowance or disallowance of claims, assumption or rejection of executory contracts, post-petition financing, use of cash collateral, and adversary proceedings alleging preferences or fraudulent transfers.
Our attorneys have also served as special litigation counsel representing debtor-in-possession or trustees. With an understanding of bankruptcy issues and procedures combined with a command of the applicable state law of real estate or personal property liens, Carter Arnett Stahl + Cho Hernandez protects its clients’ interests.
Representative Matters
- Obtained payment of its lender client’s claim including all principal and post-petition interest in a complex case involving a $32 million construction project that failed and resulted in a chapter 11 case that was converted to a chapter 7 case.
- Obtained relief from the automatic stay that enabled its bank client to repossess a multi-million-dollar piece of equipment and prevent the debtor from selling the equipment along with its other assets for pennies on the dollar.
- Defended its landlord client’s commercial lease of an industrial property against allegations that the lease was a disguised financing arrangement.
- Obtained relief from the automatic stay that enabled its equipment financing company client to repossess its collateral from a debtor operating a sports training facility.
- Defended its physician clients against allegations of fraudulent transfers by the trustee of the practice groups that had been forced to filed for bankruptcy protection after their management company diverted funds and failed to pay creditors.