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Fiduciary Services |
| For over fifty (50) years, Danning,
Gill, Diamond & Kollitz, LLP, has prided itself on the
talent, knowledge and experience of its lawyers in
connection with the rendition of fiduciary services as
well as on the Firm's highly trained and experienced
support personnel. Lawyers in the Firm have extensive
experience both as fiduciaries and as legal counsel to
fiduciaries. Lawyers in the Firm, as well as support
personnel in the Firm who specialize in the rendition of
fiduciary services, have done so in a wide variety of
matters and always in the most cost-effective basis
possible including, among other types of matters: |
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Bankruptcy Trustees
Three lawyers at Danning, Gill, Diamond & Kollitz, LLP,
are currently serving on the official panel of trustees in
bankruptcy in the Central District of California,
appointed by the United States Trustee, which is a unit of
the United States Department of Justice. Attorneys at the
Firm are appointed by the United States Trustee's office
to serve in both Chapter 7 and 11 cases and as examiners.
This aspect of the Firms practice has enabled it to
develop a recognized expertise in the representation of
trustees and other fiduciaries involved in the bankruptcy
process. Such experience also provides an invaluable
insight into how bankruptcy cases are administered that is
of significant value when the Firm represents other
parties to bankruptcy cases, whether as buyers of assets
from estates, creditors committees, debtors-in-possession
or defendants in adversary proceedings. Lawyers in the
Firm have operated and reorganized, or restructured and
sold, every conceivable type of business enterprise
including, among many other types of businesses:
manufacturing, wholesale, retail, real estate enterprises,
health care facilities, hotels and financial service
enterprises. As trustees serving in bankruptcy cases,
lawyers in the Firm have extensive experience in locating
and realizing value from assets including, among others,
the identification and litigation of claims of bankruptcy
estates for the benefit of creditors and equity security
holders.
Sample Cases:
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A member of the Firm served as trustee for a development of a 211-unit tract in San
Diego and related litigation. |
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A member of the Firm served as trustee for operation and reorganization of motion
picture production and international film and video
distribution company. |
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A member of the Firm served as trustee for operation and liquidation of a company
operating chain of service stations on Ohio Turnpike
and pursuing offshore conveyances to affiliated
entities. |
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A member of the Firm served as trustee for operation and liquidation of corporate
parent to major savings and loan association. |
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Trustee for operation of multi-color multi-press
printing facility. |
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A member of the Firm served as trustee for operation of various retail
establishments including pet stores, restaurants,
horse ranch, bowling alleys, a large food concession
at a central market, hospitals and health plans. |
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member of the Firm served as trustee for operation and liquidation of various
businesses with environmental problems requiring
evaluation, liaison with regulatory authorities, and
supervision of remediation, including liquidation of
properties involving old steel facilities and
contaminated facilities of a defense contractor. |
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A member of the Firm served as the
Chapter 7 trustee of a large aerospace
sub-contractor, including manufacturing for NASA. |
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A member of the Firm served as trustee handling liquidation of numerous
real property developments from operation of
apartment houses and condominium conversions, to
construction and/or operation of strip and larger
shopping centers, office buildings, as well as
hotel construction and operation, development of
housing tracts and development of multi-million dollar
housing developments and development of raw land
through zoning and other regulatory procedures. |
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The
Firm has represented or otherwise assisted trustees
or debtors-in- possession and has been active in
operational matters include the following:
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Hotels |
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Convalescent hospitals |
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Drug rehabilitation units in hospitals |
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Retail clothing stores |
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"Fegen Suites" reorganized the original holder of 70-plus leaseholds across the United States |
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Photographic color laboratory |
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Post-production film processing business |
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Helicopter airline |
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Mortuary |
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The Firm has represented Chapter 7 trustees in numerous Ponzi scheme cases, assisting the trustees in recovering millions of dollars to provide for distributions to unsecured creditors. |
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The
Firm has represented trustees in cases involving the
entertainment industry such as: |
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The Firm has represented a Chapter 7 Trustee
of major entertainer resulting in settlements
providing for a renegotiated contract and
payment of creditors. |
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The Firm has represented a Chapter 7 Trustee
of multimedia related Internet company
including marketing and sale of digital video
rights. |
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The Firm has represented a Chapter 7 trustee
of a media distributor in a case involving
litigation based on breach of duty claims
which resulted in a multi-million dollar
recovery. |
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Federal
Court Receiverships and State Court Receiverships
Lawyers at Danning, Gill, Diamond & Kollitz, LLP have
served as court-appointed equity receivers and receivers
in aid of foreclosure in both federal courts and state
courts at the request of both private litigants, public
sector litigants ( such as the California Department of
Corporations or the Federal Trade Commission) as well as
on a Courts own initiative in a wide variety of
situations. Lawyers in the Firm have extensive experience
in serving as receivers or legal counsel to receivers
charged with operating a wide variety of businesses, real
property enterprises, as well as the dissolution of
corporations and other business entities such as legal,
medical and other professional service based partnerships.
Sample Cases |
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Attorneys in the Firm have been appointed
receivers in a high profile case. A member of the
Firm was appointed receiver over the financial
affairs of a physicians self-insurance trust. After
years of litigation, the Receiver with the
assistance of the Firm as his counsel, successfully
collected over $55 million and paid creditors,
including medical malpractice claimants, 100 cents
on the dollar with interest. |
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The Firm is known as the a law firm liquidator
and has successfully liquidated the assets and wound
down the financial affairs of numerous law firms. |
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A member of the Firm served as receiver in aid
of collection of a judgment for support. |
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A member of the Firm served as receiver in the
operation and liquidation of a company that produced
sophisticated electronic parts, which had
fraudulently conveyed assets to parties in the
United States and Great Britain. The receiver
ultimately negotiated a settlement for the
interested parties. |
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Receivers in the Firm have served in numerous
real estate developments, from large office
buildings, to shopping centers, and residential
developments. |
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A member of the Firm served as receiver in the
operation of a multi-story parking garage involving
relationships with municipal authorities and public
transportation entities in order to revise downtown
bus routes, interrelate with the inner city
transportation plan, and litigate issues concerning
allegedly unlawful removal of tenants and relocation
thereof to an affiliate of a defendant owner of
structure. |
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A member of the Firm served as receiver for
various groups of convenience stores and various
times in personal property foreclosure actions. |
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Bankruptcy Examiners
Lawyers at Danning, Gill, Diamond & Kollitz, LLP, are
experienced in serving as court appointed Examiners in
bankruptcy cases. Bankruptcy Examiners are charged with
court designated tasks typically involving the
investigation and analysis of financial transactions or
financial conditions of debtor entities, including insider
transactions and reporting to the Bankruptcy Court.
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The Firm represented the examiner and
conservator of a health care business which
confirmed a liquidating plan of reorganization. |
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The Firm represented the Special
Monitor/Examiner of a limited license health plan in
a case involving a settlement with an affiliate that
resulted in substantial payments to creditors. |
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A member of the Firm served as examiner in a
Chapter 11 reorganization case of a jewelry business
in order to investigate missing gold items. . |
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A member of the Firm served as examiner in
the bankruptcy case of a high-profile celebrity to track
missing assets, which were ultimately traced. |
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Bankruptcy Disbursing Agents and Plan Agents
Lawyers in the Firm have served as disbursing agents
and plan agents under Plans of Reorganization confirmed
under Chapter 11 of the Bankruptcy Code for every
conceivable type of business enterprise. Disbursing agents and
plan agents may, in addition to ensuring the
proper distribution of money or securities under a Plan
of Reorganization, also be required to operate
business enterprises pending consummation of sales or mergers
as well as the prosecution of litigation as provided for in
a Plan. The Firm believes that it has the best trained
and most experienced support personnel to assist its
lawyers, who are appointed to serve as disbursing agents or
plan agents, on the most cost-effective basis possible.
Sample Cases:
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A member of the Firm served as post confirmation trustee of a large law firm, and handled liquidation of assets of a large law firm, collection of accounts, litigation with disputed accounts, investigation and prosecution of litigation against partners. |
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A member of the Firm served as post-confirmation litigation Trustee. Supervised successful post-confirmation litigation of a national chain of health care companies. |
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A member of the Firm handled the operation and post-confirmation liquidation of office building and large apartment development per creditors plan of reorganization. |
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A member of the Firm served as liquidating agent in a confirmed Chapter 11 case involving a gym facility in Los Angeles where the liquidating agent was responsible for handling litigation relating to the real property in the case. |
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Other Fiduciary Services in Judicial Proceedings
Lawyers at Danning, Gill, Diamond & Kollitz, LLP, have the specialized knowledge and experience to serve as conservators, or legal counsel to conservators, typically at the request of governmental entities such as the California Department of Managed Health Care or California Department of Financial Institutions, for a wide variety of business enterprises ranging from health maintenance organizations to credit unions. Typically, conservators are charged with the responsibility of preserving and protecting assets while operating businesses.
Sample Cases:
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A member of the Firm served as Conservator and Receiver
appointed by the California Department of Managed
Health Care who operated and then liquidated
a health maintenance organization and affiliated
insurance company. |
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The Firm represented the conservator of dental
HMO involving the sale of business and transfer of a
Knox-Keene license. |
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Fiduciary Services Outside of Judicial Proceedings
Lawyers at Danning, Gill, Diamond & Kollitz, LLP,
have the specialized knowledge and experience to serve
as fiduciaries, or legal counsel to fiduciaries, in
matters outside of judicial proceedings. Lawyers in the Firm
are qualified to serve as assignees or legal counsel
to assignees in common law general assignments for
the benefit of creditors. A general assignment for the
benefit of creditors typically involves a debtor
entities(assignors) transfer of all of its assets to an assignee
who undertakes to liquidate those assets, by the sale of a
business enterprise as a configuration of assets on a
going concern basis or by an asset by asset liquidation,
for the purpose of reducing all assets to cash and making
cash distributions to creditors as provided by applicable
law, outside of judicial proceedings. The rights of
assignees include the right to pursue in judicial
proceedings claims which are property of the assignor
(debtor entity) as well as claims vested in the assignee
for the benefit of creditors by applicable law. It should
be noted that general assignments for the benefit of
creditors are not available in certain jurisdictions
outside of California.
Sample Cases:
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The Firm has represented the assignee for
benefit of creditors of an internet business selling
healthcare and beauty products both over the
Internet and in two leased physical locations. |
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The Firm has represented the assignee for
benefit of creditors of a retail company selling all
of its assets to a third party. |
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Attorney Profiles
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| 2008 Danning, Gill, Diamond & Kollitz, LLP |
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Danning, Gill, Diamond & Kollitz, LLP
2029 Century Park East, Third Floor
Los Angeles, CA 90067
Phone: (310) 277-0077
Fax: (310) 277-5735
info@dgdk.com |
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