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Below is a partial list of some of the more significant bankruptcy proceedings in which the Firm or its attorneys have or have had an important role.
CHAPTER 11 CASES
1. In re Triangle-SV, LLC. Central District, Case No. LA 03-36168-ER.
The Firm represented the Debtor in this case which involved the reorganization of a 192-unit apartment complex in the city of Paramount valued in excess of $18 million financed by tax-exempt municipal bonds. In this hotly contested Chapter 11 case, the Firm was successful in obtaining an order for the Debtor's use of cash collateral, an approved disclosure statement, and an order extending the Debtor's exclusivity period to confirm its plan of reorganization, among others, all over the objections of the Debtor's disputed secured creditor. The Firm also successfully opposed the disputed secured creditor's motion for relief from the automatic stay and motion to dismiss the adversary proceeding commenced by the Debtor against the disputed creditor to avoid the creditor's disputed lien. The Firm, on behalf of the Debtor, had solicited a plan of reorganization that was approved by all of the Debtor's undisputed creditors; however, through the efforts of the Firm, the Debtor and disputed creditor in this case worked out their differences and this case was voluntarily dismissed by the Debtor prior to confirmation.
2. In re American Industrial Supply. Central District, Case No. LA 03-31770-BR.
The Firm represents the Official Committee of Unsecured Creditors in this Chapter 11 case. The Firm was heavily involved in negotiations with the Debtor to propose and confirm a consensual plan of reorganization, and was instrumental in working with the Debtor to confirm a plan of reorganization that will pay 100% to the Debtor's unsecured creditors.
3. In re Community Health Foundation of East Los Angeles. Central District, Case No. LA 02-19444-BR.
The Firm represented the Official Committee of Unsecured Creditors in this publicized case which involved the liquidation of a non-profit health care clinic organization. The case was commenced as a result of the clinic's loss of funding by the County of Los Angeles and State of California due to officer and director misconduct. The Firm, on behalf of the Committee, was successful in confirming a liquidating Chapter 11 plan and successfully prosecuted preference and claims objections in order to maximize the recovery by the Debtor's creditors.
4. In re Parkview Community Hospital, Central District, Case No.: RS 02-14989-DN; Pomona Valley Medical Group, Central District, Case No. RS 00-19757-DN; and KP Chaudhuri Medical Corporation et al., Central District. Case No. RS 00-27010-JB, et seq.
The Firm represents various creditors in these medical group bankruptcy proceedings and has prepared and filed claims, participated in the claims adjudication process and has monitored and analyzed these cases and the potential results for the Firm's clients.
5. In re Cohen Medical Corp., Inc. Central District, Case No. LA 01-3984400-SB.
The Firm represented one of the largest creditors of this health care provider and successfully lobbied the Debtor's estate-appointed Conservator and the United States Trustee to investigate and prosecute fraudulent transfer claims of over $19 million against the owners of the insolvent company.
6. In re Maxicare Inc. Central District, Case No. LA 01-26446-VZ.
The Firm represented one of the largest creditors of this health care maintenance organization and successfully lobbied the United States Trustee to include the creditor in the Official Committee of Unsecured Creditors, which is overseeing the reorganization of this Debtor. The Firm acted as the creditor's representative on the Committee and participated in the claim adjudication process. The Firm also successfully caused the Debtor to process and pay post-petition administrative claims prior to plan confirmation which the Debtor was otherwise attempting to avoid paying until a plan was confirmed.
7. In re A Cast Astrays, LLC. Central District, Case No. LA 99-45226-ER.
The Firm represented the Official Committee of Unsecured Creditors in this Chapter 11 case. The Debtor was a single purpose entity formed to finance and produce the film ASouth of Heaven, West of Hell.@ The Firm successfully obtained and documented post-petition financing to complete the film and market the same. The Firm drafted the plan and disclosure statement and worked out various agreements among creditors designed to facilitate the approval of the plan and disclosure statement.
8. In re Medpartners Provider Network, Inc. Central District, Case No. LA 99-19256-BR.
The Firm represented one of the largest creditors of this health care provider network and successful obtained the payment of the administrative claim of the creditor and oversaw and coordinated the sale of the creditor's unsecured claim for about $.75 on the dollar which, in fact, resulted in a significantly greater payout to the creditor than what was proposed by the Debtor and which was greater than what the Debtor ultimately paid out to its unsecured creditors.
9. In re the Korea Office Center, Inc. Central District, Case No. LA 98-15523-KM.
The Firm represented the Debtor in this complex case which involved the reorganization of a $5.8 million commercial office building located in the mid-Wilshire district of Los Angeles. After heavy litigation regarding the Debtor's ability to reorganize, the Firm was successful in closing a sale of the property for $5.8 million. Secured creditors have been paid in full in this case and the Firm drafted a plan of reorganization which would have resulted in payments of 25% to 35% of the face amount of the claims of the unsecured creditors. However, the Debtor's principal agreed, in order to maintain his relationship with various creditors, to pay all claims in full and seek the voluntary dismissal of the case.
10. In re Louise's Trattoria, Inc. Central District, Case No. LA 97-44573-SB.
The Firm represented various creditors of this Debtor which owned and operated an upscale Italian restaurant chain in California and Wisconsin. The Firm negotiated the assumption and assignment of the operating agreements and contracts of one of its clients. The Firm also pursued claims litigation against the Debtor on behalf of one of its creditor clients which resulted in a settlement and the payment to the creditor of 50% of its claim.
11. In re Woodcreek Garden Apartments. Central District, Case No. SV 97-23232-KL.
The Firm represented the Debtor in this case which involved the reorganization of a real estate project valued in excess of $20 million financed by tax-exempt municipal bonds. Through the efforts of the Firm, the Debtor and creditor in this case worked out their differences and this case was voluntarily dismissed by the Debtor.
12. In re Western Gunite, Inc. Central District, Case No. SV 96-18366-KL. The Firm represented the Debtor in this Chapter 11 case involving a major construction company. A plan of reorganization and disclosure statement were approved based on the Firm's filings.
13. In re Bridewell. Central District, Case No. LA 95-18177-LF.
The Firm represented the Debtor in this successful reorganization. Prior to the filing of a plan of reorganization, a workout was reached with the secured creditor and the case was voluntarily dismissed by the Debtor, with no objection from any party.
14. In re Solemint Heights Partnership. Central District, Case No. LA 95-16683-GM. The Firm represented the Debtor in this complex case which involved the reorganization of a $50 million real estate project financed by tax-exempt municipal bonds. After a heavily litigated valuation hearing lasting several days, the Court ruled that the Debtor had equity in its real property and the Debtor proceeded with a plan of reorganization. Through the efforts of the Firm, the Debtor and creditor in this case worked out their differences and this case was voluntarily dismissed by the Debtor.
15. In re Carter Engineering. Central District, Case No. LA 94-19633-KL.
The Firm represented the Debtor and, in accordance with the Debtor's strategy, obtained court approval of a voluntary dismissal after the Firm successfully resolved several adversary proceedings. This case resulted in the payment in full of all allowed creditors and administrative claimants.
16. In re IRT. Southern District, Case No. SD 94-08091-B11.
The Firm represented the Israeli Government as the largest creditor in this proceeding, with a claim of over $4 million. The Firm successfully prevented the approval of a disclosure statement and the confirmation of a plan of reorganization over the objections of the Israeli government and reached an advantageous settlement on behalf of its client.
17. In re Washington Street Associates. Southern District, Case No. SD 94-01722-H11. The Firm represented the Debtor in this Chapter 11 real estate proceeding involving complex reorganization issues.
18. In re KRM Financial. Central District, Case No. LA 93-40390-ER. The Firm represented a creditor in these proceedings and negotiated the payment of substantial money to its client in settlement of the creditor's claims.
19. In re Klause. Central District, LA 93-32877-GM.
The Firm represented the Debtor as special counsel in an adversary proceeding involving a several day trial.
20. In re Figter Limited. Central District, Case No. LA 93-29168-AG.
This case involved the reorganization of a $20 million real estate project. After a valuation hearing lasting several days, the Court ruled in the Debtor's favor that the Debtor had substantial equity in its real property. Several contested matters in this case were appealed to the District Court, Bankruptcy Appellate Panel, Ninth Circuit Court of Appeals and the United States Supreme Court. Through the efforts of the Firm, the Debtor and creditor in this case worked out their differences and this case was voluntarily dismissed by the Debtor.
21. In re Coachella-85 Partners. Central District, Case No. SB 93-26627-RA.
The Firm represented the Debtor in possession in this attempted reorganization of an extensive farming operation specializing in the growing of table grapes. The Firm filed a plan of reorganization and disclosure statement and the fisclosure statement was approved. Prior to solicitation and confirmation, the Debtor and the lender agreed to a workout and a settlement and, upon motion of the Debtor, the case was voluntarily dismissed.
22. In re Community Linen Rental Services. Central District, Case No. LA 93-22057-AG.
The Firm represented the Official Committee of Unsecured Creditors in this Chapter 11 case. A plan of reorganization, which was supported by the Committee, was successfully negotiated and confirmed and is presently being implemented/has been consummated. The Firm also served as special litigation counsel to the Debtor in various state court litigation matters and adversary proceedings and pursued various claims objection litigation matters. Due in substantial part to the Firm's efforts, the unsecured creditors in this case were paid approximately 40% of the face amount of their claims.
23. In re Michael Brandman Associates. Central District, Case No. SA 93-19493-JW.
The Firm represented the Official Committee of Unsecured Creditors. A Plan of Reorganization, which the Creditors' Committee supported, was successfully negotiated and confirmed, and is presently being implemented/was consummated. The Firm continues to monitor the Debtor's plan compliance on behalf of the Committee and presided over a significant distribution to the unsecured creditors.
24. In re Heritage Entertainment. Central District, Case No. LA 90-32141-BR.
As Of Counsel to Keck, Mahin & Cate, Mr. Costell had significant participation in representing the Debtor in this case. A plan of reorganization was confirmed and successfully implemented for this diversified entertainment company which, through the plan, merged with the Samuel Goldwyn Company.
25. In re Safeguard Self-Storage Trust. Central District, Case No. LA 90-28796-CA.
Mr. Costell successfully preserved the major real property asset for the benefit of the estate for over four years while successfully pursuing litigation against the Debtor's secured lenders, resulting in the setting aside of the secured indebtedness. One of the legal issues in this case was argued by Mr. Costell in front of the Ninth Circuit Court of Appeals.
26. In re Sizzler's Restaurants. Central District. The Firm represented two different bidders in their efforts to purchase two restaurant locations from the Debtor in the case.
27. In re Equinox Partners. Central District.
The Firm represented the major secured creditor in this proceeding and successfully prevented the Debtor from confirming a plan of reorganization which was harmful to the creditor's interests. The Firm successfully obtained relief from stay to foreclose on the property which was security for the debt owed the Firm's client.
28. In re Telesphere. District of Illinois. The Firm successfully represented a major creditor in this proceeding and successfully defended against preference claims raised by the Debtor involving millions of dollars.
29. In re Laykin et Cie. Central District. The Firm represented a significant creditor in this large Chapter 11 proceeding involving a major jewelry retail company.
30. In re Southland Master Distributors. Central District. Mr. Costell represented a company which served as the Awhite knight@ in this Chapter 11 proceeding, by purchasing the company as part of a plan of reorganization, which was confirmed and implemented.
31. In re Consolidated Resources, Inc. Central District. Mr. Costell aided in representing the Debtor, which was a public company. Mr. Costell drafted the plan of reorganization and disclosure statement. The plan was confirmed and successfully implemented.
32. In re Belding. Central District. Mr. Costell represented the Debtor. A Plan of Reorganization was confirmed and successfully implemented.
33. In re The Fashion Channel Network, Inc. Central District. As Of Counsel to Keck, Mahin & Cate, Mr. Costell participated in representing the Debtor in this case. A plan of reorganization was confirmed and implemented.
34. In re Fromex One-Hour Photo. Central District. Mr. Costell was primarily responsible for representing the major creditor in this bankruptcy, involving hundreds of creditors, tens of millions of dollars and over 70 franchise operations.
35. In re Sambo's Restaurants. Central District. As an associate, for a period of time, Mr. Costell was involved in various administrative aspects of representing the Debtor in this major bankruptcy proceeding.
CHAPTER 7 CASES
1. In re Good. Central District, Case No. SV 01-11886-AG.
The Firm represented a creditor of the Debtor in non-dischargeability litigation regarding various fraudulent conveyances.
2. In re Sipper. Central District, Case No. SV 96-15038-KL.
The Firm successfully coordinated the filing of an involuntary Chapter 7 petition on behalf of three (3) unsecured creditors. The Firm successfully obtained a judgment setting aside significant preferential and fraudulent conveyances.
3. In re Greene. Central District, Case No. SV 96-13834-AG.
The Firm successfully represented the largest unsecured creditor of the Debtor in an action to enforce a lien and obtained judgments against the Debtor, a portion of which was paid as a secured claim.
4. In re Cordero. Central District, Case No. LA 95-41724-SB.
The Firm represented this Debtor in various litigation matters which were ultimately settled in a manner satisfactory to the Debtor, the Chapter 7 Trustee and creditors.
5. In re Gans. Central District, Case No. SV 95-15435-KL.
The Firm represented the Debtor in this significant Chapter 7 proceeding involving debts of over $90 million as well as significant dischargeability issues.
6. In re Ueno. Central District, Case No. LA 94-32559-BR.
The Firm represented the Debtor in various litigation matters in this Chapter 7 proceeding.
7. In re Chun Hwan Lee. Central District, Case No. LA 93-50616-ER.
The Firm represented the Chapter 7 Trustee in this proceeding, including, various adversary proceedings. The Firm successfully defeated the Debtor's claims of exemption, obtained a judgment against the Debtor, obtained orders for turnover of property and obtained a denial of the discharge of the Debtor.
8. In re DAK Industries, Inc. Central District, Case No. LA 92-33128-SB.
The Firm successfully represented and defended an unsecured creditor against the Chapter 7 Trustee's and the estate's preference action against it.
9. In re Saab. Central District. As Of Counsel to Keck, Mahin & Cate, Mr. Costell represented the Chapter 7 Trustee in this proceeding
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