DGDK Building

Service Details

Service Details

Debtors' and Creditors' Rights

Debtor Representation:

For most individuals and businesses, filing bankruptcy is a difficult choice. While it puts an end to creditor demands and gives the debtor a chance to liquidate or reorganize its capital structure, the consequences can be long term and the impact can affect business factors beyond the financial statement. At Danning, Gill, Diamond & Kollitz, LLP, our attorneys are experienced in protecting the rights of debtors. The Firm uses its extensive experience to assist debtors in assessing and implementing the business decisions as well as the legal processes which enhance the prospect of a successful, results-oriented bankruptcy proceeding.

When clients are under more debt pressure than they can handle - whether an individual or a business - the most responsible action they can take may be filing for protection under the Bankruptcy Code. The experienced lawyers at Danning, Gill, Diamond & Kollitz, LLP deal with bankruptcy cases every day. The Firm has helped debtors through a wide range of bankruptcy issues from business reorganization to liquidation. The Firm's bankruptcy lawyers have the expertise and knowledge to help you understand your rights and obligations.

Protect Assets Through Bankruptcy:
Our bankruptcy attorneys can help you determine whether you should file for bankruptcy or pursue an out-of-court solution and, if a bankruptcy is warranted, whether Chapter 7 or Chapter 11 best fits your particular circumstances. We will help you stop creditor calls and protect your assets such as real estate (especially your home), proceeds from an inheritance or lawsuit, and, (in the case of a business), not just the assets such as inventory, equipment and receivables, but also those that are sometimes overlooked such as intellectual property (patents, copyrights, trademarks and trade secrets), royalties, and the other assets that contribute to a business's goodwill and going concern value.

Reorganization for Businesses:
The Firm's attorneys have substantial experience in corporate reorganizations under Chapter 11, including dealing with issues such as debt restructuring, cash collateral, executory and unexpired lease issues, and debtor-in-possession financing, as well as developing creative strategies to create and implement plans of reorganization. In addition, the Firm's attorneys have extensive experience in dealing with the practical aspects of Chapter 11, such as developing approaches to public relations concerns, business plan development and the negotiation of resolutions with creditor constituencies.

Reorganization for Individuals:
While Chapter 11 is typically used by businesses to reorganize, it may also be used by individuals whose debts exceed the limits of Chapter 13. The Firm's attorneys can assist individuals in effectively reorganizing their financial affairs through a Chapter 11 bankruptcy proceeding, especially where they are ineligible to file for relief under Chapters 7 or 13.

Sample Cases:

Sample Chapter 11 Debtor Cases:

  • The Firm has represented a major international electronics company in the entertainment industry in a successful Chapter 11 reorganization.
  • The Firm has represented an Oscar-winning film production company as a Chapter 11 debtor, which resulted in a confirmed plan.
  • The Firm has served as lead counsel in the successful representation of a corporate Chapter 11 debtor-in-possession, with manufacturing facilities, as well as substantial real estate holdings, in the United States and Mexico.
  • The Firm has served as lead counsel in the successful representation of an individual Chapter 11 debtor-in-possession who controlled more than 35 separate partnerships each of which operated commercial real estate.
  • The Firm has successfully reorganized a wine merchant.
  • The Firm was counsel to the Debtor in the Chapter 11 of a pioneering company in lasers and electronics.

Sample Cases Where Bankruptcy Was Avoided

  • The Firm successfully renegotiated both secured and unsecured debt of a Los Angeles jeweler to allow client to avoid filing a Chapter 11 reorganization proceeding.
  • The Firm successfully represented a major car dealership with multiple locations in its efforts to avoid seeking protection under the Bankruptcy Code, restructuring its business operations on an out-of-court basis, and consummating a sale of its new car business operation.
  • The Firm successfully represented a medium-sized law firm in working out issues with its landlord, thereby avoiding the need to file a Chapter 11 bankruptcy.
  • The Firm successfully negotiated a settlement on behalf of an entertainment client against a large judgment.

Creditor Representation:

For creditors, a debtor's bankruptcy proceeding means a loss of anticipated income. At Danning, Gill, Diamond & Kollitz, LLP, our lawyers can help you minimize those losses by making sure you are treated fairly in the bankruptcy process.

Individual Creditor Representation:
The Firm will monitor bankruptcy cases to assure that creditor's interests are protected, file proofs of claim with the bankruptcy courts, investigate evidence of avoidable transfers by the debtor, represent creditor committees, and prosecute bankruptcy litigation when necessary. Creditors have rights under bankruptcy laws. The Firm's attorneys know and protect those rights to ensure maximum recovery to creditors.

Creditor Committee Representation:
The Firm has represented creditor's committees in Chapter 11 bankruptcy cases for businesses involved in a broad range of industries.

Sample Creditor Cases

  • The Firm represented the creditor's committee in a municipal adjustment under Chapter 9 in which a plan of adjustment was confirmed which paid creditors in full.
  • The Firm represented a significant bond trustee as member of creditor's committee in municipal reorganization.
  • The Firm represented the Official Committee of Unsecured Creditors of a multi-state health plan in which a joint plan sponsored by the committee and the debtor was proposed and confirmed which resulted in a substantial recovery of both cash and stock for creditors.
  • The Firm represented a major health plan as a creditor in liquidation of multi-office medical group involving handling of thousands of medical records and close coordination with government regulators.
  • The Firm represented the creditor's committee in a Chapter 11 of not-for-profit community hospital which confirmed a reorganization plan that resulted in a 100% recovery for creditors.
  • The Firm represented the creditor's committee in the Chapter 11 case of the second largest shuttle service, whereunder a plan was confirmed which paid creditors 100%.
  • The Firm represented landlords in a Chapter 11 case filed for a chain of over 100 restaurants.


We are a debt relief agency pursuant to Federal Law. We provide legal assistance and help people file for bankruptcy relief under the Bankruptcy Code.