Bankruptcy & Creditors' Rights
Our Creditor’s Rights and Bankruptcy Group includes attorneys from the Banking and Finance, Commercial and Real Estate, and Litigation practice groups of the Firm who have special and extensive expertise in all aspects of creditors’ rights law, including bankruptcy, workouts, foreclosure, enforcement of security interests and other creditor remedies, domestication and collection of judgments, and the defense of lender liability claims.
Members of the group regularly represent a wide variety of clients, including domestic and foreign financial institutions, developers, landowners, contractors, and local, national, and international business entities and individuals in bankruptcy cases, workouts, restructuring and litigation of various kinds in federal and Hawai`i courts.
Members of the group have extensive experience in the areas of bankruptcy and insolvency taxation, as well as the reporting and taxation of cancellation of indebtedness income.
Members of the group have extensive experience in the representation of lenders in the protection and enforcement of their rights, through the negotiation and documentation of loan modifications, judicial and nonjudicial mortgage foreclosures, the enforcement of special remedies such as receiverships and attachments, and in all aspects of bankruptcy, including relief from the automatic stay, voidable preferences, fraudulent transfers, and adequate protection of secured claims. We also represent purchasers and sellers of distressed properties in foreclosure, bankruptcy and forfeiture cases, as well as purchasers and sellers of troubled loans. For many years we have represented a large number of corporate and institutional landowners in connection with the enforcement of their rights under ground leases and commercial space leases, and the protection of their interests in bankruptcy proceedings.
Although we primarily represent creditors, we also advise and represent debtors in connection with the restructuring of their relationships with their lenders and the protection of their assets, as well as in Chapter 7 and Chapter 11 bankruptcy cases. In addition, our Creditors’ Rights and Bankruptcy Group members regularly represent bankruptcy trustees, receivers, foreclosure commissioners, appraisers, creditors’ committees, and a variety of other participants in the debtor-creditor arena.
- Bankruptcy, Reorganization and Creditors’ Rights
- Collection/Eviction Litigation
- Fraudulent Transfer, Preference, and other Bankruptcy Litigation
- Lender Liability Defense
- Loan Workouts
- Served as local debtor’s counsel in the successful Chapter 11 reorganization of Hawai`i’s major telecommunications provider.
- Represented the interests of secured lenders and banks in numerous Chapter 7 and 11 bankruptcy proceedings.
- Served as counsel to the Chapter 11 Trustee in a real estate reorganization.
- Lead counsel to the Bankruptcy Trustee in the investigation and prosecution of fraudulent transfer claims in Chapter 7 proceedings.
- Represented Hawai`i’s insurance commissioner in the bankruptcy case filed by one of Hawai`i’s largest local airlines.
- Lead counsel for the largest secured creditor in a complicated Chapter 7 bankruptcy case involving one of the State’s largest developers. Obtained a judgment in excess of $40 million.
- Successfully represented the interests of shopping center developer in complex Chapter 11 bankruptcy proceedings of one of the country’s largest retailers of electronics and related consumer goods.
- Served as counsel to secured lenders in a variety of contested matter and adversary proceedings in Chapter 11, 7 and 13 bankruptcy cases, including relief from stay proceedings and claims litigation.
- Represented defendants in fraudulent transfer proceedings brought in the Bankruptcy Court.
- Served as local debtor’s counsel for a major airline in a Chapter 11 case.
- Represented the credit card processor/bank in Chapter 11 case filed by a Hawai`i hotel.
- Served as counsel to a number of commercial landlords with regard to lease issues arising in Chapter 11 and Chapter 7 proceedings.
- Successfully represented a national student loan guarantor in a number of adversary proceedings involving debtors’ attempts to discharge their student loans.
- Successfully represented a secured lender in a large commercial foreclosure involving a golf course property on the island of Kauai.
- Represented Hawai`i State Court Receiver in several matters relating to the Hawai`i partnerships, corporations and LLCs, with a number of properties located in Hawai`i and California.
- Represented one of the country’s largest securities brokerage firms in a number of arbitration proceedings before The Financial Industry Regulatory Authority (“FINRA,” which was formerly the National Association of Securities Dealers).
- Lead counsel in successful representation of one of the world’s leading financial management and advisory companies in litigation to enforce employee non-competition agreements in the United States District Court for the District of Hawai`i.