Ready to Protect or Recover in Distressed Situations
The attorneys practicing in the bankruptcy and creditors’ rights area at Goodsill have experience representing debtors, creditors’ committees, bankruptcy trustees, and secured and unsecured creditors in complex bankruptcy, foreclosure, receivership, commercial landlord-tenant issues and major collection matters. We are adept at aggressively pursuing creditors’ claims in the state, federal and bankruptcy courts.
We have experience in all aspects of Chapter 11, Chapter 7 and Chapter 13 bankruptcy cases, including representing clients in bankruptcy courts in Hawaii, Guam, Saipan and across the U.S. mainland. We also have experience in cross-border insolvency cases relating to Japan, Canada, Mexico and the United Kingdom. Most recently, we have represented landlords in major retail Chapter 11 cases filed in Delaware and New York.
We are frequently called on to defend clients in proceedings brought by bankruptcy trustees and other plaintiffs for preference, fraudulent conveyance or other alleged avoidance actions. We help clients avoid protracted litigation through creative workouts and settlements where possible, and through lawsuits when necessary.
Members of the Creditors’ Rights and Bankruptcy Practice Group are members of the Hawaii Bankruptcy Bar Association (HBBA) and the American Bankruptcy Institute (ABI). Practice group chair Johnathan Bolton is a former president and director of HBBA. He is also a director of the American Board of Certification (ABC), the organization that certifies bankruptcy and creditors’ rights attorneys nationwide. Johnathan authored numerous articles on creditors’ rights and bankruptcy topics, including the 2013 “Hawai‘i Collection and Bankruptcy Law Manual” and authored the chapter on Bankruptcy Appeals of the Hawaii State Bar Association’s “Federal Appellate Practice Manual.”
We have handled cases involving the following and more:
- Bankruptcy debtors: Representing private and publicly held companies in Chapter 11 reorganization cases and out-of-court workouts on behalf of creditors and debtors
- Foreclosures and receiverships: Representing banks and lenders with respect to nonperforming loans, including the foreclosing lenders in several complex foreclosures and receiverships
- Bankruptcy asset sales: Counseling buyers of assets from debtors and trustees in bankruptcy cases, including through court-approved bidding procedures in section 363 sales, through auctions approved by the Bankruptcy Court and through Chapter 11 plans of reorganization
- Commercial landlord-tenant: Representing landlords in a variety of matters involving large commercial tenant bankruptcies
- Fraudulent transfer actions: Representing defendants in major bankruptcy and non-bankruptcy fraudulent transfer cases in bankruptcy, state and federal courts
- Bankruptcy litigation: Advising secured and unsecured creditors in contested matters and adversary proceedings in Bankruptcy Court
- Foreign recognition proceedings: Representing clients in Chapter 15 ancillary and foreign main proceedings filed in the United States in order to recognize a pending case in a foreign jurisdiction