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.
Represented one of California's largest residential/commercial developers in defending and prosecuting numerous multi-million dollar delay and disruption claims in projects throughout Southern California, including multiple luxury high-rise condominium projects, mixed-use projects and townhomes. The litigation included the prosecution (and defense of) claims against general contractors, subcontractors, engineers, architects, and others involved in the projects.
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.
Represented a receiver in one of the largest receiverships in Los Angeles, involving a high profile commercial property.
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.
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 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.
Successfully defended against a borrower trying to stop a foreclosure of a partially completed restaurant by a bank.
Represented several banks in obtaining prejudgment writs of attachment in a breach of guaranty action.
Represented the successful purchaser of an office building, through an auction, in a Chapter 11 bankruptcy case pending in Los Angeles.
Represented numerous secured creditors in negotiating debtor's use of cash collateral, obtaining relief from the automatic stay and foreclosing on personal property collateral.
Represented numerous secured creditors in obtaining relief from the automatic stay to foreclose in a single asset real estate cases.
Represented retail landlords in negotiating the favorable terms in the bankruptcy assumption and assignment of their leases.
Represented a secured creditor in negotiating a settlement with debtor pursuant to which the secured the secured creditor received relief from stay to foreclose on some of its collateral and some of its collateral was sold with proceeds being paid to the secured creditor.
Represented a secured creditor in negotiating the debtor's use of cash collateral and sale of all of the debtor's assets under Bankruptcy Code Section 363, of all the debtor's assets.
Represented a secured creditor in negotiating treatment of its fully secured claim in a confirmed plan of reorganization.
Represented a secured creditor in negotiating with the debtor for a sale of all the debtor's personal property assets and payment of the proceeds thereof, less negotiated carve outs, to the secured creditor.
Represented a secured creditor in obtaining dismissal of a single asset real estate case based on the new debtor syndrome.
Represented a secured creditor in obtaining full payment of its claim through a negotiated plan of reorganization.
Represented a secured creditor in obtaining relief from the automatic stay in a bankruptcy case in which the debtor held a second deed of trust encumbering property, which was not owned by the debtor, on which the secured creditor had a first deed of trust.
Represented secured creditors in evidentiary hearings in contested plan confirmation hearings, avoidance actions and relief from the automatic stay proceedings.
Obtained summary judgment in favor of a landlord in claim brought by a broker for purportedly unpaid broker's commissions for lease renewal by tenant.
Represented the appellants in appeal of trial court's decision over arbitrability of dispute and enforceability of buy-sell provision through arbitration as set forth in operating agreement.
- Seminar, 6.3.16
- Conference, Los Angeles, California, 9.21.12
- Conference, The Palm Restaurant, Los Angeles , California, 6.4.10
- Conference, Lawry, Beverly Hills, California, 3.5.10
- Seminar, Portland, Oregon, 5.2.09
- Seminar, Las Vegas, Nevada, 1.22.09
- Seminar, 12.9.08
- Article, Los Angeles Lawyer Magazine, September 2009
- Article, California Real Estate Journal, 10.13.08
- Article, Andrews Bankruptcy Litigation Reporter, 5.30.08
Awards & Affiliations
Financial Lawyers Conference
Los Angeles County Bar Association, Bankruptcy Subcommittee
State Bar of California
California Bar Association
Bar & 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
J.D., Southwestern University School of Law, 1986, cum laude
B.A., Marymount University, 1974