Julie H. Rome-BanksPartner
Ms. Rome-Banks is a partner at Binder & Malter LLP.
Ms. Rome-Banks has over 31 years of bankruptcy and related experience. Ms. Rome-Banks' practice focuses on representing businesses and individual debtors in Chapter 11 cases, representing landlords in all chapters of bankruptcy, and in all types of bankruptcy litigation. Ms. Rome-Banks has considerable experience representing landlords in all aspects of bankruptcy, and has represented landlords in a number of well-known bankruptcies, including CEC Entertainment, Inc., 24 Hour Fitness, Guitar Center, Sears, Kmart, TOYS R US, Mattress Firm, Verity Health Systems, Orchard Supply Hardware, Avenue Stores, DC Solar, Round Table Pizza, Circuit City, Chevy's, Fresh Choice, Mervyn's, Crown Books, Hollywood Video, Napster, Levitz, Tower Record, Jennifer Convertibles, and Lionel Trains bankruptcies. Ms. Rome-Banks also has substantial experience handling complex stay relief motions and defending private lenders and bona fide purchasers following disputed foreclosure sales.
In addition, Ms. Rome-Banks frequently represents small businesses and individual debtors in Chapter 11 cases, and both debtors and creditors in all types of bankruptcy litigation. Ms. Rome-Banks has tried more than a dozen bankruptcy cases and has successfully argued before the Ninth Circuit Court of Appeals. Ms. Rome-Banks' litigation experience includes trying a number of dischargeability cases as well as prosecuting and defending fraudulent and avoidable transfer cases. In a recent Chapter 11 case in which she represented an individual debtor, Ms. Rome-Banks was successful in defeating a $4.5 million claim filed against the debtor. In 2011, Ms. Rome-Banks successfully confirmed a Chapter 11 plan for a large franchisee of a major international real estate organization.
Ms. Rome-Banks started her career as a bankruptcy attorney at Murray & Murray before joining Binder & Malter LLP in 1995.
J.D., University of California, Hastings College of Law, 1989
B.S., San Jose State University, with great distinction, 1986
USDC: Northern District of California
USDC: Eastern District of California
USDC: Central District of California
USDC: Southern District of California
Ninth Circuit Court of Appeals
Member, Congressman Don Edwards American Inns of Court
Member Since: 2003 to present
Member, Santa Clara County Bar Association
Member Since: 1989 to present
Member, American Bar Association
Member Since: 1986 to 2006
Chairperson, Commercial Law and Bankruptcy Section, Santa Clara County Bar Association
Member Since: 1996
Member, Commercial Law and Bankruptcy Section Executive Committee, Santa Clara County Bar Association
Member Since: 1993 to 1998
Appointee, Northern District Bankruptcy Court Bench/Bar Liaison Committee
Member Since: 1997 to 2000
Appointee, Website Committee for Northern District Bankruptcy Court
Member Since: 1998 to 2000
Appointee, Resolution Advocate, Northern District of California Bankruptcy Court Dispute Resolution Program
Member Since: 1995 to 2000
Panelist at numerous Santa Clara County Bar Association, Bay Area Legal Secretaries seminars on bankruptcy law and debtors' and creditors' rights
Member Since: 1991 to present
- Represented commercial landlords in well-known bankruptcies such as Sears, Kmart, TOYS R US, Mattress Firm, Verity Health Systems, Orchard Supply Hardware, Avenue Stores, DC Solar, Round Table Pizza, Circuit City, Chevy's, Fresh Choice, Mervyn's, Crown Books, Hollywood Video, Napster, Levitz, Tower Record, Jennifer Convertibles, and Lionel Trains bankruptcies.
- Represented a large franchisee of a major international real estate organization in a successful Chapter 11 in which a plan of reorganization was confirmed.
- Represented a real estate developer/owner of largest undeveloped coastal property in Monterey County in successful Chapter 11 plan and related bankruptcy litigation against secured creditor.
- Successfully argued the appeal of the application of the doctrine of collateral estoppel before the Ninth Circuit Court of Appeals. In re Armstrong 95 F.3d 1156 (1996)
- Successfully defended a client in a dischargeability trial prosecuted by the State of Hawaii arising from the alleged receipt of business development loans.
- Successfully tried a $2.8 million claim objection in an individual chapter 11 case resulting in complete denial of the claim.
- “Irreconcilable Differences: Can a Sale Free and Clear Trump the Interest of a Commercial Lessee?” Santa Clara County Bar Association, seminar panelist
- “Are You Smarter Than a Fifth Year?” California Bankruptcy Forum, program panelist:
"The Coming Wave of Tenant Bankruptcies" published in the Small Property Owners of San Francisco Institute News Bulletin for September 2021.
Over her career, Ms. Rome-Banks has been involved in a number of cited cases, including:
In re Craftmart, Inc., 1994 WL 118274, N.D. Cal. (unreported)
In re Connolly, 238 B.R. 475 (9th Cir. BAP, 1999)
In re Harvey, 222 B.R. 888 (9th Cir. BAP, 1998)
In re Lee, 2011 WL 841247 (Bkrtcy. N.D. Cal, 2011)
In re Beck, 309 B.R. 340 (Brktcy. N.D., 2004)
In re Armstrong 95 F.3d 1156 (1996)