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From their central
Phoenix offices, the
bankruptcy attorneys at Allen Sala & Bayne
represent:
• closely held businesses in
Chapter 11 reorganizations
•
high net worth individuals in
Chapter 7 bankruptcy and Chapter 11 reorganizations
•
other debtors in Chapter 7,
Chapter 11 and Chapter 13 bankruptcies
•
secured and unsecured creditors
•
unsecured creditor committees
•
examiners in Chapter 11
bankruptcy cases
•
trustees appointed by the
Bankruptcy Court
Reported Cases
In re Smith,
342 B.R.801 (9th
Cir BAP 2006)
In
re Sawyer, 324 B.R. 115, 54 Collier Bankr.Cas.2d 282, 57 UCC Rep.Serv.2d 560
(Bkrtcy.D.Ariz.,2005)
In re Palidora, 310 B.R. 164 (U.S.
Bankruptcy Court, District of Arizona, 2004) |
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Representative Bankruptcy Cases
CHAPTER 7 TRUSTEE
CASES. Since the firm’s
founding, a significant focus of Allen, Sala & Bayne’s practice has been the
representation of Court-appointed Trustees in bankruptcy. Achievements include
the following:
-
Obtaining a published opinion
for a Chapter 7 Trustee determining that the 75% wage exemption expires upon
payment by an employer.
-
Obtaining an opinion, from the
United States Bankruptcy Appellate Panel for the Ninth Circuit, that the
Trustee was entitled to homestead sales proceeds existing 18 months after
sale. The Court sided with the Trustee in ruling that the homestead
exemption expired post-bankruptcy and that the sales proceeds remaining in
the homestead account became non-exempt property of the bankruptcy estate.
-
Successfully assisting the
Trustee in resolving member disputes and liquidating assets in an LLC
bankruptcy case. Ultimately, the Trustee recovered sufficient funds to pay
all creditors in full and provide a large member distribution.
-
Assisting a Trustee in locating
and recovering over $1 million of concealed precious metals and Swiss bank
accounts, resulting in a substantial return to unsecured creditors.
-
Representing a Trustee by
mediating disputes regarding corporate authority and allegations of fraud in
connection with a pre-bankruptcy company merger. The mediation resolved
litigation that had been pending for over four years and saved an estimated
$1 million in attorneys’ fees.
-
Working with the Trustee to
recover and liquidate undisclosed property in an individual bankruptcy case.
The recovered property was sufficient to return over 95% of the creditors’
claims, and the debtor’s discharge was denied. Allen, Sala & Bayne and the
Trustee also assisted the U.S. Attorney in its prosecution of the debtor for
committing bankruptcy crimes. Ultimately, the debtor was convicted and
sentenced to a prison term.
-
Working with the Trustee in a
highly publicized Chapter 7 bankruptcy case to obtain lender consent to
liquidate retail business assets and pay unpaid pre-petition wage claims.
-
Bringing over 40 lawsuits to
collect avoidable transfers in a distributor bankruptcy case, with the
proceeds used to make meaningful distribution to unsecured creditors.
-
Avoiding preferential liens
against real and personal property for the benefit of unsecured creditors.
OTHER
REPRESENTATION. Allen, Sala &
Bayne has represented numerous Creditor Committees in the Chapter 11
reorganizations of many high- profile Arizona companies, including the Baptist
Foundation of Arizona, Dewey Ranch Hockey (Phoenix Coyotes), Popular Stores,
Country Thunder, and Sun Valley Waterbeds. Representations include:
-
Negotiating with the National
Hockey League to pay, in full, virtually all of the general unsecured
creditors in connection with the purchase of the Phoenix Coyotes hockey
team.
-
Advising the Baptist Foundation
of Arizona Creditors’ Committee regarding the selection of the Plan Trustee
and litigation counsel, and negotiating contingency agreements that resulted
in savings of over $35 million. Ultimately, unsecured creditors recovered
several hundred million dollars, or over 80% of their claims.
Allen, Sala & Bayne has also
represented small, medium and large companies in non-bankruptcy workouts and
bankruptcy reorganizations, including:
-
Successfully completing the sale
of a multi-million-dollar manufacturing facility to a group of investors
that included the company’s president, resulting in the saving of all
employee jobs and a return to profitability within three months of the sale.
-
Obtaining a defense verdict
after a two-week trial in a case asserting that a successful construction
company was the successor entity of a prior bankrupt company.
-
Obtaining approval of a plan of
reorganization for a specialty retail company with over 125 locations across
the U.S.
-
Obtaining approval of a plan of
reorganization that restructured the debts of a neighborhood sports bar and
grill.
-
Obtaining approval of a plan of
reorganization, without broadcast interruption, for the owner and operator
of a local AM radio station.
-
Successfully reorganizing a
resort homeowner association by resolving contentious and costly litigation
and negotiating mutually agreeable payment terms.
-
Assisting a group of related
companies in connection with the in- and out-of-court restructuring of over
$200 million in secured and unsecured debts.
Additionally, Allen, Sala & Bayne
attorneys have assisted debtor and creditor clients in all aspects of Chapter 7,
11 and 13 bankruptcy cases, including pre-bankruptcy negotiations and planning,
bankruptcy filings, involuntary bankruptcy filings, and discharge and exemption
litigation.
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