Susan S. Davis

Senior Counsel

Overview

Susan's significant practice and business litigation with a focus on creditor's and borrower's rights, and secured transactions involving real and personal property.

Lenders And Creditors Counsel In Bankruptcy

Working with lenders and creditors in all areas of Chapter 11 of the Bankruptcy Code, Susan handles motions for relief from the automatic stay, cash collateral issues, landlord and tenant issues related to bankruptcy, disclosure statements, plan confirmation, and the sale of assets in bankruptcy. She regularly represents clients in a wide variety of adversary actions in bankruptcy as well as advises clients on Chapter 7 and Chapter 13 issues.

Defending Businesses In California Courts

Susan represents creditors and debtors in prosecuting and defending litigation related to business disputes, particularly with respect to loans secured by real and personal property. Having handled cases in state and federal courts throughout California, Susan's matters involve real estate disputes, lender liability allegations, judicial foreclosures, wrongful foreclosures, breach of guaranty issues, alleged violations of Interstate Land Sales Act (ILSA), Ponzi actions, and real and personal property receiverships. She also advises clients on prejudgment remedies and post-judgment enforcement.

Handles Secured Transactions

Susan advises clients on issues related to the enforcement of loans secured by real and personal property, including issues unique to California law, such as the "one form of action" rule and "security first principles" and the enforcement of assignment of rents provisions. She also assists clients in overseeing non-judicial foreclosure sales or trustee's sales of real property collateral.

Representative
Matters

Bankruptcy Matters

Represented a group of lenders in several bankruptcy cases filed by related investment funds, involving multiple properties located throughout the country.

Represented numerous landlords in several large retail bankruptcies brought about by the recent economic crash.

Represented a hospitality company in numerous defaulted time share loans in bankruptcy cases throughout California.

Represented a hotel franchisor in the bankruptcy case of its franchisee, involving a liquidation plan filed by the senior secured lender.

Represented numerous lenders in obtaining relief from the automatic stay to foreclose on their real property collateral in bankruptcy cases throughout California.

Represented numerous lenders in challenging proposed reorganizations by single asset real estate debtors.

Litigation Matters

Represented a receiver in one of the largest receiverships in Los Angeles, involving a high profile commercial property.

Successfully defended against a borrower trying to stop a foreclosure of a partially completed restaurant by a bank.

Represented a mezzanine lender in defending a lender liability action related to a partially completed condominium project.

Represented numerous banks in actions to obtain the appointment of receivers for real and personal property collateral.

Represented a bank in defending against a complex unfair business practices action based on loans that the bank unwittingly purchased from a leasing company operating a Ponzi scheme.

Represented several banks in obtaining prejudgment writs of attachment in a breach of guaranty action.

Secured Transaction Representations

Advised numerous borrowers in negotiating consensual sales of real property collateral by receivers.

Advised clients regarding the non-judicial trustee's sale process and review and revise, if necessary, the notices and related paperwork prepared by the foreclosure trustees.

Advised clients on appropriate and necessary pre-enforcement actions.

Publications &
Speaking Engagements

Recent Publications

To Sell Or Not To Sell – A Receivership Dilemma, CEB Real Property Law Reporter, November 2012

The Impact Of Adversary Filing For Bankruptcy During Civil Litigation, Los Angeles Lawyer Magazine,  9/14/2009

Your Tenant Has Filed Bankruptcy – Now What?, California Real Estate Journal, 10/13/2008

Your Tenant Has Filed Bankruptcy – Now What?, CCN Perspectives, Summer 2008

Single-Asset Real Estate: Congress' Gift To The Secured Creditor, Bankruptcy Litigation Reporter, 5/30/2008

Recent Speaking Engagements

Real Estate Receiverships, Continuing Education Of The Bar California, 9/21/2012

An Overview Of UCC 9 And Its Application To Business Lawyers, Beverly Hills Bar Association, 6/4/2010

Division 9 Of The California Commercial Code, Beverly Hills Bar Association, 3/5/2010

Bankruptcy 101 For The Land Use Lawyer, 2009 LANDS Roundtable & Workshop, 5/2/2009

Legal Tips For Weathering The Downturn, National Association Of Home Builders Seminar, 1/22/2009

Best Practices During An Economic Downturn, NAHB Audio Seminar, 12/9/2008

Awards &
Affiliations

Professional Affiliations

  • Financial Lawyers Conference
  • Los Angeles County Bar Association, Bankruptcy Subcommittee

Bar and Court Admissions

  • State Bar of California
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Central, Eastern, Northern, and Southern Districts of California

Education

  • J.D., Southwestern University School of Law, 1986, cum laude
  • B.A., Marymount University, 1974