Creditors’ Rights and Bankruptcy
Goodsill’s attorneys practicing in the bankruptcy and creditors’ rights area have experience representing debtors, creditors’ committees, bankruptcy trustees, and secured and unsecured creditors in complex bankruptcy, foreclosure and receivership, commercial landlord-tenant and major collection matters. We are adept at aggressively pursuing creditors’ claims in the state, federal and bankruptcy courts. We frequently defend clients in proceedings brought by bankruptcy trustees and other plaintiffs, for preference, fraudulent conveyance or other alleged avoidance actions. We help our clients avoid protracted litigation through creative workouts and settlements where possible and through litigation when necessary. Some examples of our work include:
- Bankruptcy Debtors – Represented private and publicly-held companies in chapter 11 reorganization cases and in out-of-court workouts on behalf of creditors and debtors. Experience in cases where multiple plans of reorganizations were being solicited for confirmation.
- Foreclosures and Receiverships – Represented lenders with respect to non-performing loans including the foreclosing lenders in the foreclosure of a large downtown office building and in the foreclosure of a prominent retail/office complex and obtained appointment of receivers to control the properties
- Bankruptcy Asset Sales – Represented buyers of assets from debtors and trustees in bankruptcy cases, including through court-approved bidding procedures used in sales under section 363 of the Bankruptcy Code, through auctions approved by the Bankruptcy Court and through Chapter 11 Plans of Reorganization.
- Commercial Landlord-Tenant – Represented landlords in a variety of matters involving tenant bankruptcies, negotiated settlements with tenants and their bankruptcy trustees and obtained judgments for settlement defaults.
- Fraudulent Transfer Actions – Represented creditors as well as defendants in major bankruptcy and non-bankruptcy fraudulent transfer cases in Bankruptcy and State courts.
- Bankruptcy Litigation – Represented numerous secured and unsecured creditors in contested matters and adversary proceedings in Bankruptcy Court, including issues relating to assumption and rejection of executory contracts, administrative claims, plan confirmation, stock transfers, note sale issues, revocation of confirmation, breach of fiduciary duty claims and in alleged preferential transfer litigation.
- Foreign Recognition Proceedings – Represented clients in ancillary proceedings and foreign recognition proceedings filed in the United States in order to recognize a pending case in a foreign jurisdiction.
Goodsill’s attorneys in the Creditors’ Rights and Bankruptcy Practice Group are members of the American Bankruptcy Institute (ABI), the Hawaii Bankruptcy Bar Association (HBBA) and frequently contribute to publications and lecture at bankruptcy and collection law seminars. Members of the Creditors’ Rights and Bankruptcy Practice Group are co-authors of the 2013 Hawaii Bankruptcy and Collection Law Manual.