Representative Matters

Business Bankruptcy & Restructuring/Reorganization
  • Binder & Malter LLP has represented commercial landlords in well-known bankruptcies such as the 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.

  • The firm represented a well-known national developer of a planned and much-publicized San Francisco luxury high-rise in Chapter 11 bankruptcy.

  • The firm represented the largest privately held transportation company on the west coast in Chapter 11 bankruptcy.

  • The firm represented a large franchisee of a major international real estate organization in a successful Chapter 11 in which a plan of reorganization was confirmed.

  • The firm represented a publicly traded technology company in Chapter 11 bankruptcy, through which, the company was purchased and emerged post-bankruptcy as a private company.

  • The firm represented a large, then well-known consumer electronics retailer in Chapter 11 bankruptcy.

  • The firm represented a high tech company successfully exit Chapter 11 through a confirmed plan, which resulted in a manufacturing facility employing hundreds of workers remaining open.

  • The firm represented a medical device manufacturer in a Chapter 11 bankruptcy, though which the debtor marketed and sold substantially all of its assets and technology to a buyer through a 363 sale.

  • Our attorneys have represented a large, well-known search-engine provider in bankruptcy cases throughout the country, including defending preference actions, claims objections, collecting administrative claims, and negotiating terms for post-petition services.

  • The firm has successfully represented countless landlords and secured creditors in relief from stay proceedings.

  • The firm represented a creditors’ committee in the bankruptcy case of a consumer-lending business that obtained capital from individual investors, successfully negotiating a plan with the court-appointed trustee and insiders of the debtors to obtain an immediate distribution for unsecured creditors.
Business & Real Estate
  • Binder & Malter LLP represented a group of private investors in a series of purchase and sale transactions by which the group of investors was able to assemble a portfolio of commercial property in downtown San Jose for investment and redevelopment purposes.

  • The firm represented the purchaser of foreclosed land, which acquired the property in bankruptcy and then took the purchasing entity back through Chapter 11 bankruptcy to reduce and restructure the remaining debt on the property.

  • The firm represented a property owner in the sale of commercial property in San Mateo County, which included two office buildings and a parking structure.

  • The firm has represented countless businesses and landlords negotiate leases for commercial space.

  • The firm has served as corporate counsel for a number of companies in a number of different industries.

  • The firm’s attorneys have represented businesses in the sale and acquisition of various types of assets, including other businesses.

  • The firm has represented a number of businesses in asset protection planning and exit planning.
Debtor/Creditor Rights
  • Binder & Malter LLP represented the owner of one of the largest assemblies of real estate (by volume) in Bay Area history avoid bankruptcy by successfully negotiating and implementing an out-of-court workout involving assets totaling approximately $250 million.

  • Our attorneys have been retained by other law firms and their clients on countless occasions to represent defendants and under-insured parties trying to negotiate and settle complex, high-exposure litigation.

  • Our attorneys negotiated the termination of hundreds of commercial leases following the “dot-com” crash in 2000.

  • The firm has represented countless businesses and individuals successfully negotiate out-of-court workouts to avoid litigation and/or bankruptcy.

  • The firm has represented numerous high-net worth individuals in asset protection planning and structured settlements.
Consumer Bankruptcy
  • Binder & Malter LLP has represented thousands of individuals in consumer bankruptcy cases, including homeowners, high-net worth individuals, entrepreneurs, attorneys, medical professionals, engineers, restaurateurs, accountants, real estate agents and brokers, and law enforcement and other professionals.

  • The firm represented a creditor engaged in state court litigation against bankrupt debtors in the debtors’ Chapter 13 bankruptcy proceedings in which the creditor’s claim in bankruptcy court exceeded $40 million.

  • The firm has represented numerous Chapter 7 and Chapter 13 trustees.

  • The firm has successfully represented creditors in Chapter 7 and Chapter 13 bankruptcies by having their debts declared non-dischargeable.

  • The firm has successfully represented numerous debtors negotiate and discharge tax debt.
Commercial Litigation & Bankruptcy Litigation
  • 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.