Business Insolvency & Creditors’ Rights
Seltzer Caplan McMahon Vitek is a trusted resource and advisor when businesses discover that their tenants, customers and vendors file for bankruptcy protection or when business owners need to restructure their bank loans or their business model.
Bankruptcy involves unique procedures, and valuable rights can be lost for failing to timely file an objection or claim. Complex business disputes that traditionally were resolved in state court or in arbitration are now being resolved in bankruptcy courts. SCMV’s attorneys have been involved in every stage of restructuring and liquidation issues that cross multiple jurisdictions and borders. Our clients in bankruptcy matters include owners, investors, borrowers, vendors, banks, lessors and prospective purchasers of assets. Working with your financial advisors, we emphasize the wisdom of involving counsel early on when a possible bankruptcy is suspected down the road.
We handle business insolvency matters throughout Southern California. The bankruptcy judges and insolvency specialists in the San Diego community know of our reputation for integrity, for the results we achieve for our clients and our effective and zealous advocacy of our client’s financial rights and interests.
Select an attorney below to find out more about their expertise in Business Insolvency & Creditors’ Rights
Practice Group Leader
Bankruptcy Year In Review 2015
Print Bankruptcy Year In Review San Diego County Bar Association February 23, 2016 UNITED STATES SUPREME COURT Baker Botts LLP v. Asarco LLC 192 L.Ed.2d 208 (2015) Bankruptcy Code does not permit…Learn More
Bankruptcy Year In Review 2014
By Dennis Wickham San Diego County Bar Association February 17, 2015 UNITED STATES SUPREME COURT Clark v Rameker, 573 U.S. ___, ___ S.Ct., L.Ed.2d ___ (2014) Funds in an inherited IRA are not…Learn More
Chapter 11 Confirmation Issues
By Dennis Wickham The goal of Chapter 11 is reorganization through confirmation of a Plan of Reorganization. There are three steps toward confirming the Plan: (1) obtaining court approval of a…Learn More
Overview Of Bankruptcy Basics
By Dennis Wickham The purpose of bankruptcy laws has changed greatly over the years. The word “bankruptcy” stems from the practice in the middle ages when merchants could not pay their…Learn More
Annual Review of Cases and New Development in Bankruptcy 2013
Bankruptcy Year In Review San Diego County Bar Association February 4, 2014 UNITED STATES SUPREME COURT Bullock v BankChampaign, NA, ___ U.S. ___, 133 S.Ct. 754, 185 L.Ed.2d 922 (2013) Defalcation…Learn More
Automatic Stay Litigation
By Dennis Wickham, Shareholder Seltzer Caplan McMahon Vitek The mere filing of a bankruptcy petition creates an injunction preventing acts against the Debtor or its assets. The injunction applies…Learn More
Annual Review of Cases and New Development in Bankruptcy 2012
Bankruptcy Section of the San Diego County Bar Association UNITED STATES SUPREME COURT Radlax Gateway Hotel LLC v. Amalgamated Bank 566 U.S. ___; 182 L.Ed.2d 967; 132 S.Ct.2064 (2012) Chapter 11…Learn More
Annual Review of Cases and New Development in Bankruptcy 2011
UNITED STATES SUPREME COURT Ransom v. FIA Card Services ___ U.S. ___; 178 L.Ed.2d 603; 131 S.Ct. 716 (2011) Chapter 13. A debtor who does not actually have car loan/lease payments may not use the…Learn More
Annual Review of Cases and New Development in Bankruptcy 2010
San Diego County Bar Association UNITED STATES SUPREME COURT Hamilton v. Lanning ___ U.S. ____, 130 S.Ct. 2464, 177 L.Ed.2d 23 (2010) Court may consider future income/ expenses known or virtually…Learn More