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| Bankruptcy, Workout
& Corporate Restructuring Department |
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Attorneys in the Bankruptcy, Workout
& Corporate Restructuring Group of Gonzalez Saggio
& Harlan have extensive experience representing
a broad range of trustees, debtors, and creditors in
formal bankruptcy proceedings and non-judicial restructurings
and workouts. Our clients include public and private
companies, non-profit corporations, lenders, trustees,
and entities attempting to acquire assets or businesses.
Group attorneys regularly counsel clients in the areas
of bankruptcies, receiverships, leveraged buy-outs,
workouts, debt restructurings, reorganizations, mortgage
foreclosures, and acquisitions.
Where litigation is necessary to resolve debt and
related problems, our attorneys offer a variety
of services, including alternative dispute resolution,
prejudgment remedies, trial, and appellate. Gonzalez
Saggio & Harlan has experienced litigators who
have represented corporate clients with a variety
of complex litigation matters.
In an effort to maximize the value of legal services for our clients, GSH provides Creditor representation in bankruptcy matters on flat fee and contingency fee basis. Examples of these are as follows: Secured Creditor representation in Chapter 11, 13, and 7 matters on a flat fee basis. Unsecured Creditor representation in Chapter 11, 13, and 7 matters on a contingency fee or flat fee basis. Examples of Secured representation includes, but is not limited to, motions for relief from stay, review of plans, objections to confirmation, and filing of proofs of claims. Examples of Unsecured representation includes, but is not limited to, adversary matters for non-dischargeable issues and proofs of claims.
GSH will customize a bankruptcy program to meet your needs that will maximize the value of legal services being provided without sacrificing quality. Additionally, we will provide educational seminars on bankruptcy for your staff members at no charge.
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| Listing of department
attorneys |
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Representative Experience
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- Filed and prosecuted numerous proofs of claims in
Chapter 7, 11 and 13 proceedings.
- Represented state-run workers compensation insurance
fund in adversary bankruptcy proceeding against national
trucking company involving claims for unpaid insurance
premiums totaling in excess of $4,000,000; principal
issue involved treatment of premiums as priority claim
as "excise taxes" under 11 U.S.C. §
507.
- Presented and prosecuted claims of Potentially
Responsible Parties Agreements against corporate manufacturer/debtor.
Duties included preparation of Proofs of Claim and
evaluation of PRP Agreements status as quote executory
contract.
- Represented the State of California as a creditor
in complex bankruptcy reorganization.
- Represent one of the largest computer manufacturing
companies in the world, in secured creditor actions
throughout the Midwest.
- Representation of two title companies in a related
Chapter 7 filing, including overlay of state regulations.
- Prevailed on hotly contested motion for relief
from the automatic stay to recover commercial vehicles
valued in excess of $150,000, which debtor claimed
was necessary for its reorganization.
- Represented a real estate developer in action to
enforce a land contract against bankrupt debtor; duties
included seeking and obtaining relief from the automatic
stay, and prosecution to judgment of action for strict
foreclosure of land contract.
- Represented the State of Nevada Housing Division
in obtaining relief from automatic stay from a loan
servicing company that was servicing loans funded
by bonds.
- Filed proofs of claims in a variety of Chapter
13 proceedings.
- Negotiated workout with a commercial borrower to
avoid filing of Chapter 13 proceeding.
- Represented national retailer by the consumer regarding
alleged violations of the bankruptcy code; creditor
litigation.
- Active motion practice with regard to confirmation,
claims and leases, and objections to plans in Chapter
11 and 13 cases.
- Represented client in a highly sophisticated Chapter
13 proceeding with underlying business litigation
issues.
- Represented the Equity Committee of a publicly
traded casino and a manufacturing company in separate
successful reorganizations.
- Lead counsel for a professional chiropractic corporation/employer
against chiropractor/employee in action involving
prosecution of claim for breach of restrictive covenant
and defense of wrongful termination claim. Duties
included all aspects of case, including drafting of
pleadings, discovery, conduct of jury trial to verdict,
and successful enforcement of judgment in bankruptcy
court.
- Represented seller-employee in defense of claims
brought by buyer-employer for alleged breach of covenant-not-to-compete
included in an employment contract made part of the
sale of a roofing business; case extensively litigated
as adversary proceeding in bankruptcy court, including
filing of motion to dismiss.
- Represented a Fortune 20 financial services firm
in a motion to open a default judgment, which was
settled without further hearing.
- Litigated adversarial proceedings in federal courts
and successfully defended creditors.
- Assist clients in obtaining financing or restructuring
debt to avoid bankruptcy or develop strategies to
obtain the maximum benefits from the Chapter 11 process.
- Represented lender liability issues in adversary
proceedings, including income tax and payroll tax,
lease disputes, real estate litigation, extensive
preference defense, business litigation, complex sales
transactions, partnership disputes, avoidance actions,
and marriage dissolution resulting in bankruptcy.
- Handled matters for a major bank holding company
concerning the Federal Fair Debt Collection Practices
Act and rules governing home equity loans.
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