Lawyers at Danning, Gill, Diamond & Kollitz, LLP, are experienced and skilled in the representation of clients involved in appeals taken to the United States District Courts and the Bankruptcy Appellate Panels from Orders or Judgments of Bankruptcy Courts as well as appeals to the United States Court of Appeals and petitions to the United States Supreme Court. Our lawyers are also knowledgeable in the handling of appeals to state courts. The appellate experience and skill of lawyers in the Firm also extends to the representation of clients in connection with petitions seeking extraordinary writs from federal or state courts.
The Firm has successfully handled appeals by both appellees and appellants in the District Courts, the Bankruptcy Appellate Panel for the Ninth Circuit, the Ninth Circuit Court of Appeals
and the United States Supreme Court.
Sample Cases:
-The Firm represented the trustee in a Ponzi scheme case
that held almost two dozen large rental properties. This
case spawned a number of reported decisions before the
Court of Appeals for the Ninth Circuit and the United
States Supreme Court, including a seminal case
articulating the standard for approval of settlements in
the Ninth Circuit and ultimately, after careful management of the properties, also resulted in a 100 cent
on the dollar dividend to creditors, with interest.
-The Firm represented a post-confirmation trustee for two
high asset individuals and obtained a ruling defended up
to the Ninth Circuit disallowing a post-confirmation
amendment asserting a homestead exemption that
conflicted with the terms of the confirmed plan.
-The Firm represented a Chapter 7 trustee in obtaining
a summary judgment, affirmed by the Bankruptcy Appellate
Panel, the Ninth Circuit and the United States Court,
having equitable defenses to the trustee's "strong-arm
powers" as to real property.
-The Firm represented the trustee is a case in which
the Ninth Circuit Court of Appeals established the
factors to be considered in connection with the ordinary
course of business defense in preference litigation.
-The Firm represented the trustee in a case establishing
the requisite particularity required to describe
personal property in a UCC-1 financing statement
relating to blanket security interest. -The Firm
represented a bank in establishing the independence
principle with respect to the treatment of letters of
credit in bankruptcy cases. -The Firm represented the
debtor-in-possession in a case establishing the
procedure to obtain an extension of the time to seek
assumption or rejection of real estate leases. -The Firm represented the
trustee of the parent of one of the country's largest
savings and loan association in connection with the
appropriate criteria for compensation of successive
court appointed trustees.
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