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J.L. Borrie & Associates Phone: 951-686-6432 |
Attorney to AttorneyBecause of our specialization, we are always interested in working out reciprocal referral relationships with other firms who do not practice in the insolvency, foreclosure, reorganization and tax problem area. Due to the size and complexity of many Chapter 11 cases, we are willing to travel most of the Southern California area to serve your clients. We cooperate with, and act as consultants to non bankruptcy attorneys in the analysis of the effects of a potential bankruptcy proceeding on their clients, both as debtor and creditor. Including “what if” strategies for the various potential alternatives that may arise out of the specific circumstances of your client. This can be extremely beneficial, particularly in pending litigation cases where the results of the litigation will by itself, have a substantial effect on the viability of your clients business. If the loss of the litigation will, or may result in a judgment that cannot be paid, or cannot be paid quickly enough, and the resulting levies and other collection efforts will severely impact the business operations, it may be advisable to plan for, and actually prepare the necessary documents for filing the bankruptcy petition. If the litigation goes adversely, your client would be in a position to file and obtain the automatic stay on extremely short notice, to prevent any unpleasant actions, and any disruption in their business operations. It could be cheap insurance. If you are representing your client in pending state court litigation, and it is necessary to file a Chapter 11 petition for cash flow problems, or to hold off tax entities or creditors pending the results of the litigation. We can represent your client solely on the bankruptcy issues, and you can continue to handle their litigation as special counsel in the state court. Or if you prefer for various tactical reasons, you can continue do so in the Bankruptcy Court, if we can remove it from the state court. Removal depends on many factors, but one big consideration is how far the case has progressed in the state court at the time the bankruptcy is filed. If you represent real estate investors and developers, a Chapter 11 can many times hold off trustee sales long enough to sell the property, or complete the project. How long depends on many factors, primarily the amount of the equity cushion (difference between debt and value of the collateral) and/or if your client can make interest only payments at current comparable interest rates to protect the creditors position from deteriorating below what it was at the time of filing. If you represent clients in Chapter 7 bankruptcy cases but do not do Adversary Proceedings, we will represent your client solely in the Adversary and you can continue to represent them in the primary bankruptcy case. But as you know, it is critical that you or they contact us as soon as possible since there is a very short time period between service and response due date. Email us or call us at 951-686-6432 for a free, no-obligation consultation. Individuals and Small Proprietorship Businesses:
Corporations, Partnerships or Larger Individual Businesses:
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