David frequently represents lenders in workouts, foreclosures, bankruptcy actions, and related litigation. He also structures loan modifications, or sales of financial instruments both in and out of bankruptcy. Clients value David’s experience, knowledge and proactive counsel, as well as his commitment to accessibility and responsiveness.
Creditors’ Rights and Bankruptcy Litigation
An astute strategist, David is called on by a wide range of clients, including banks and other institutional lenders, developers, landlords, receivers, examiners, secured and unsecured creditors, and other business enterprises, to represent them in creditors’ rights and bankruptcy negotiations or litigation in federal and state courts throughout California and in other key jurisdictions.
In distressed or failed real estate and construction projects, hotels, apartment buildings, condos, and multi-building office parks and towers, David’s extensive experience with construction litigation allows him to provide clients with insight and strategies to maximize recoveries, as well as practically assessing the collateral and the borrower’s ability to repay the debt. After completing an analysis of the lender’s potential risks, he adeptly develops a sound strategy for realizing on the collateral and recovering the debt.
For commercial lenders and others, he advises on all aspects of commercial law, with a particular focus on commercial mortgage litigation, bank regulatory disputes, and collection actions.
In addition to David’s experienced counsel, clients also benefit from his seamless access to top-notch appraisers, forensic accountants, and technology investigators, as well as his Allen Matkins colleagues who address related areas, such as real estate transactions, construction contracts, tax matters, employment laws, and court trials.
Receiverships
In receivership cases, David has represented receivers in assuming control over enterprises where hundreds of millions of dollars are at issue. He has advised receivers on the legal issues involved in all aspects of the receivership and his knowledge and experience with large receivership matters allows him to advise his clients as to the appropriate frameworks and creative strategies for recovering diverted assets.
Among David's receivership cases are the representation of court-appointed receivers in a $1.2 billion fraud action brought by the Securities and Exchange Commission in connection with a 180 assisted living facilities and a $750 million Ponzi-like scheme involving the purchase of medical related receivables and lending transactions.
David is a sought-after lecturer on matters of commercial mortgage litigation and workouts, creditors' rights, and other real property remedies.
