Bankruptcy LawYour Team for Bankruptcy Issues

Choosing the right attorneys for your business, real estate and bankruptcy needs makes all the difference

Some of the specific matters handled by Garrett & Tully include:

  • Relief from stay litigation (including retroactive relief from stay)
  • Avoidance actions (including "strong arm" actions, as well as preference and fraudulent conveyance claims)
  • Litigation relating to section 363 sales

In addition Garrett & Tully:

  • Defends secured lenders in litigation brought by debtors, trustees, and creditor’s committees, including claims ranging from equitable subordination or recharacterization to deepening insolvency and efforts to challenge liens or prepetition payments.
  • Represents both senior and junior secured lenders in inter-creditor issues, restructuring, and related issues.
  • Counsels title insurers and their insured in defending, confirming and establishing title to real property in bankruptcy.
  • Defends auditors, attorneys, brokers, escrow companies and other professionals, including corporate officers and directors, against claims and adversary proceedings.
  • Works together with our appellate attorneys in connection with appeals of bankruptcy court decisions, both before federal district courts and the Bankruptcy Appellate Panel, as well as the Ninth Circuit Court of Appeals.

Bankruptcies are complex with consequences that are not always immediately apparent. The aim must be to protect and enforce clients’ rights and interests in all types of proceedings.

Garrett & Tully attorneys represent and counsel clients as litigators in real estate-related issues and disputes, as well as defending clients in avoidance actions, and other types of adversary proceedings, involving lender, professional and fiduciary liability. Clients include:

  • Real estate investors and brokers
  • Title insurers and their insureds
  • Escrow companies
  • Banks and other financial institutions
  • Attorneys
  • Accountants
  • Auditors

Our bankruptcy practice group represents and counsels both secured and unsecured creditors in Chapters 7, 11 and 13, handling both procedural and substantive matters, such as:

  • Reclamation claims
  • Valuation proceedings
  • Asserting priority claims
  • Asserting secured claims
  • Asserting general unsecured claims
  • Objecting to plans of reorganization
  • Pursuing non-dischargeability actions