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Creditor’s Rights

In addition to my extensive practice representing Debtors in Chapter 7, 11 and 13 proceedings, I represent creditors in state and federal court proceedings. In Bankruptcy Court, I prepare and file Proofs of Claim, Motions for Relief from Stay, Objections to Plan Confirmation, Adversary Proceedings Regarding Discharge and Dischargeability of Debt and many other types of documents. My creditor clients include secured lenders, landlords, real estate investors, real estate brokerage firms, trade creditors, employers, former employees, former students who attended a school that filed for bankruptcy, doctors, dentists, teachers, accountants, attorneys, actors, musicians, personal injury clients, and other individuals and companies.

I know how to act quickly and effectively to get creditors the maximum possible relief that they are legally entitled to. My 36 years of bankruptcy experience and my familiarity with both the law and the bankruptcy court judges (and many Superior Court Judges too!) help me to help you.

Here are some examples of creditor’s rights work that I have done:

Robert Vernon et al. vs. Gevik Begininan at al., Los Angeles Superior Court Case No.15P04799. In this case, I sued a car wash and its owner that were behind on the rent, evicted them, and collected the back rent in full. Prior to that, I represented the same creditor in Gevik Begininan’ s Chapter 11 bankruptcy proceeding, filed and won a Motion for Relief from Stay and persuaded the Court to dismiss Beginian’s Chapter 11 Case No. 2:13-bk-23479-TD with a 180-Day Bar to Refiling.

In re Borko Djordjevic, United States Bankruptcy Court Central District of California Case No. RS 00-11619-DN. In this Chapter 7 Case, I discovered that the Debtor had a hidden asset – a house in France. He had failed to list this asset even though he was fighting with his wife about ownership of this house in an ongoing divorce case. I gave this information to the Bankruptcy Trustee in his case, had the case reopened, had the debtor’s discharge revoked and collected a $120,000.00 judgment in full for my client. Borko Djordjevic was charged and convicted of felony bankruptcy fraud.

In re James Robert Hooks, United States Bankruptcy Court Central District of California Case No. 8:16-bk-14897-ES. In this case, I prepared a Motion for Relief from Stay so that the debtor’s former employer could continue to prosecute his case for embezzlement against his former employee. I also got the bankruptcy case dismissed.

In re Akop Gasparyan, United States Bankruptcy Court Central District of California Case No 1:14-bk-12042-MT. In this case, I pursued a former strip club owner through bankruptcy and judgment collection action in the state court. On my way towards settling this case, I filed a Proof of Claim, filed and won a Motion for Relief from Stay, opposed a Motion to Remove Judgment lien, and eventually settled for and collected $240,000.00 for my clients, former employees at his club.

Randy Nachtreib vs. Jan M. Hahn, United States Bankruptcy Court Central District of California Case No. 8:09-ap-01403-TA. In this case, I filed an Adversary Proceeding to Determine Debt to Be Nondidschargeable Pursuant to 11 U.S.C. Section 523(a) (2) and (a) (4), won a default judgment against the debtor, filed an Abstract of Judgment against the Debtor’s home and collected $91,785.95 on said judgment for my client when the debtor sold her home.

Frank Tello vs. James Tredwell et al, Orange County Superior Court Case No. 06C06488. In this case, I represented the Defendant and Cross-Complainant. I totally defeated Tello’s Complaint and obtained and collected a judgment against him for $184,784.16.

Albert Baker et al. vs. Sue Anderson et al, Los Angeles Superior Court Case No. EAC 47 638. The Berg & Allen law firm committed serious misconduct, including creating phony tax shelters and stealing client tax refund checks. I substituted in as counsel for the Plaintiffs on a case that was on the verge of being dismissed. After going up to the Court of Appeal and winning, I had Berg & Allen’s answer stricken, its default entered, and a $9,216,896.00 dollar Judgement entered against it on behalf of my 96 clients. This led to a lengthy coverage fight with Berg & Allen’s Insurance Company, and eventual settlement for a very large (confidential) amount.

Thomas Michel vs. Robert B. Maghame at al, Los Angeles Superior Court Case No SC123645. In this case, I sued the former owners of a famous gay bar and nightclub in West Hollywood called Rage. I demanded that they refund all of the purchase price to my client based on their failure to disclose that the transfer of interest in Rage required the approval of the landlord, and based on the landlord’s subsequent refusal to approve the transfer and threats to evict my client. The defendants filed a multi-million dollar cross-complaint against my client. I handled this case from start to finish. I defeated the cross-complaint and won a $364,474.17 Judgment for my client, settled the matter for MORE than the judgment amount based on the Court’s order that my client also recover his attorney’s fees, and got my client paid in full within one week of entry of judgment.

Third Parties’ Rights

I also represent third parties in all types of bankruptcy proceedings. For example, I represent third parties who are sued by Debtors or by the Bankruptcy Trustee in Adversary Proceedings, including preference, fraudulent transfer and collection Adversary Proceedings. I represent buyers of companies in bankruptcy and buyers of certain assets of companies in bankruptcy. I also have successfully handled appeals before the United States Bankruptcy Appellate Panel of the Ninth Circuit.

To contact me by email click here.

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MICHAEL JAY BERGER

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