Service Details

Appellate Matters

Appellate Litigation

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.

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 of Appeals, having equitable defenses to the trustee's "strong-arm powers" as to real property.
The Firm represented the trustee in 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.