Commercial Litigation

Binder & Malter LLP maintains an active commercial litigation practice, frequently representing companies of all types in business and commercial disputes involving matters such as contract and payment disputes, commercial real estate disputes, collection and collection defense, and pre- and post judgment remedies.

Binder & Malter LLP also has considerable experience in all types of bankruptcy litigation, routinely prosecuting and defending a wide-range of claims in bankruptcy courts throughout Northern California. Our attorneys have also handled a number of high-stake bankruptcy appeals. Typical engagements include defending preference, fraudulent conveyance, avoidance, and turnover actions. Binder & Malter LLP has also successfully represented clients in thousands of relief-from-stay proceedings, and has considerable experience representing commercial landlords in relief-from-stay motions.

Typical Engagements
  • Bankruptcy Litigation
  • Contract Litigation
  • Business Litigation
  • Real Estate Litigation
  • Debtors’ and Creditors’ Rights and Remedies
  • Special Bankruptcy Counsel
Representative Matters
  • Binder & Malter LLP successfully appealed to the Third Circuit Court of Appeal to preserve a client’s right to pursue relief for environmental contamination on property previously owned by a reorganized debtor.

  • In two separate cases our attorneys successfully represented a Chapter 11 debtor in preventing class action claims against the debtor by former employees in the bankruptcy case, and in one case, preventing the class action entirely.

  • The firm successfully argued the appeal of the application of the doctrine of collateral estoppel before the Ninth Circuit Court of Appeals.

  • The firm successfully defended a client in a dischargeability trial prosecuted by the State of Hawaii arising from the alleged receipt of business development loans.

  • The firm successfully tried a $2.8 million claim objection in an individual chapter 11 case resulting in complete denial of the claim.

  • The firm represented a privately held technology company in complex litigation involving the alleged breach of a royalty agreement and the alleged misappropriation of trade secrets and fraud in connection with a business transaction.

  • The firm defended a fraudulent conveyance action filed by a bankruptcy trustee in which the trustee sought approximately $10 million from the client in connection with a series of land and property exchanges.

  • In a consolidated bankruptcy case involving 21 real estate developers, Binder & Malter LLP successfully objected to multiple plans of reorganization and prevented the debtor developers from impairing the client’s lien.