Financial distress is a reality facing many businesses and individuals. Impact Law Group’s full-service insolvency practice enables us to assist businesses, business owners, and individuals with creative solutions. Our team employs diligence and tenacity through its wide-ranging representation, whether that involves proposing a plan of reorganizing through the filing of a bankruptcy, a receivership, or litigation from the onset of the adversary action through the appellate process.
Our ability to draw on the wide-ranging skills and experiences of our attorneys assures that each client receives the benefit of partner experience from diverse practice areas.
Examples of Areas of Insolvency Representation:
- Prosecuting and defending bankruptcy-related causes of action, such as preferences, fraudulent transfers, lien avoidance actions, stay violations, and non-dischargeability claims.
- Prosecuting and defending bankruptcy-related appeals in the Western District and up through the Ninth Circuit.
- Prosecuting and defending relief from stay motions, cash collateral motions, and adequate protection proceedings.
- Representation of Debtors through all aspects of a Chapter 11, Chapter 13, or Chapter 7 bankruptcy.
- Bankruptcy alternatives including loan restructuring, workouts, and recoveries.
- Prosecuting and defending claim objections.
- Defense of state law foreclosures.
- Secured and unsecured creditor representation in corporate debtor proceedings.
While the decision to file bankruptcy is never made easily, bankruptcy—or a bankruptcy alternative—may enable a business or individual to regroup, restructure, and strategize for a more successful future. Bankruptcy as a tool can salvage a business or prevent the loss of a home.
No two clients are alike, and neither are their bankruptcies. That’s why we provide personalized plans and resolution for debt relief. Each client has a unique set of facts and goals, and we strive to provide a nuanced and specific resolution to best achieve their desired outcomes. We help our clients to restructure debt, avoid foreclosure, repossession, garnishment, and judgments. We also have the ability to defend and against creditors within the bankruptcy, which can include pursuit of predatory lending causes of action and disputes over the validity of certain debts within the bankruptcies.
The substantial debt loads carried by most businesses and consumers can make them particularly vulnerable to financial problems when there is unexpected income or revenue interruptions—such as medical issues, divorce or unemployment, or a change in business growth. Bankruptcy provides a fresh start for the debtor, and equity among the creditors. We assist clients in a full range of bankruptcy actions, including:
- Chapter 7
- Chapter 11
- Chapter 13
- Bankruptcy Alternatives, Workout’s, Foreclosure Fairness Act Representation
Bankruptcy court may be a favorable forum for raising affirmative defenses and it may be a faster and more inexpensive forum for litigation. Litigation in bankruptcy court may also encourage a litigious creditor to act more reasonably. We have substantial experience litigating within the bankruptcy court, from the beginning of an adversary action through the appellate process. We collaborate to bring our respective experiences and practices to bear whether in federal court, a federal appellate court, bankruptcy court, or state court.Consumer Litigation
Impact Law Group’s attorneys represent consumers in complex consumer protection claims and small individual claims in the areas of unlawful credit reporting, unlawful debt collection practices, unfair trade practices, breach of warranty, predatory lending and other consumer matters in both federal and state courts. Our attorneys’ experience in consumer transaction disputes, coupled with our compassion and our steadfast advocacy give us the knowledge and skills to devise strategies to protect consumers subjected to unfair or deceptive business, industry, and trade practices.Business to Business Representation in the Bankruptcy Forum
Our deep understanding of bankruptcies combined with our experience representing and advising businesses, make Impact Law Group’s attorneys uniquely qualified to represent your business interests inside the bankruptcy forum and elsewhere. We assist businesses in understanding and pursuing their rights as creditors effectively and efficiently, with a focus on the unique considerations and drivers of your business.Representative Transactions
- Impact Law Group prevails on appeal overturning the Bankruptcy Court’s determination that clients were liable for $1.7 million dollars of nondischargeable debt.
- Impact Law Group successfully defends corporate entity and obtains voluntary dismissal for Trustee’s action for violation of the automatic dismissal.
- Filed and managed Chapter 13 bankruptcy and prevailed on adversary litigation avoiding first position lien on residence. Confirmed Chapter 13 Plan, and successfully defeated Creditor’s first appeal. Now defending second level of appeal currently pending at the Ninth Circuit.
- Successfully pursued adversary litigation against mortgage lender prevailing on damages of approximately $70,000 to offset the mortgage lender’s proof of claim, and obtained an award of over $150,000 in attorney’s fees and costs.
- Filed a Chapter 7 and obtained discharge on behalf of a client with business debt exceeding $500,000 including significant tax debt.
- Prevented foreclosure of business owner’s primary residence, and then represented clients in business related receivership to obtain funds to cure mortgage default.
- Pursued alternatives to bankruptcy for client and defended client in litigation resulting from breach of commercial lease.