Michael J. Gomez

BIO

Michael Gomez is an AV Rated lawyer who focuses his practice in the areas of bankruptcy, debtor and creditor rights, commercial litigation, and business litigation; debt workout negotiations, restructuring, and documentation of commercial lending transactions, and personal property and real estate-secured credits.  He has represented various entities, including debtors, creditors' committees, hedge funds, indenture trustees, equipment lessors, receivers, landlords, bankruptcy trustees, judgment creditors, private lenders, and institutional lenders in out of court workouts, federal and state court litigation, and chapters 7, 11, 12, and 13 bankruptcy cases.

Michael routinely moderates and speaks at educational presentations before clients and trade groups concerning bankruptcy, enforcing judgments, financing distressed borrowers, and agricultural lending issues.

PRACTICE AREAS

Bankruptcy and Business Reorganizations

Creditors' Rights and Commercial Litigation

Real Estate Finance and Transactions

Financial Services

Business Litigation

Equipment Leasing

EDUCATION

University of California at Berkeley, Bachelor of Arts, Economics, Honors

Loyola Law School, Los Angeles, Juris Doctorate

ADMISSIONS

State Bar of California
United States Court of Appeals, Ninth Circuit
United States District Court, Northern, Southern, Central and Eastern Districts of California
United States District Court, Western District of Texas

MEMBERSHIPS & ASSOCIATIONS

Ag Lenders Society of California
Central California Bankruptcy Association
San Francisco Bank Attorneys Association
American Bankruptcy Institute
California Receivers Forum
State Bar of California: Business Section (past Editor and Editor-in-Chief of Publications for the Insolvency Law Committee)

PRESENTATIONS

29th Annual Central California Bankruptcy Institute, Sept. 18, 2015, Clovis, CA, Panelist on Caselaw Update for the Ninth Circuit

28th Annual California Bankruptcy Forum Conference, May 20, 2016, Indian Wells, CA, Panelist, "Come Together (Right Now) - Recent Developments in the Areas of Substantive Consolidation, Alter Ego, and Veil Piercing"

6th Annual Special Assets Management Conference, June 2, 2016, La Jolla, CA, Moderator on Agricultural Lending Issues and Water Rights in California

Ag Lenders Society of California, February 28, 2017, Fresno, CA, Speaker, "Legal Landmines II: Advanced Concepts in Uncovering Hidden Hazards in Lending Transactions"

PUBLICATIONS

"True Zone of Insolvency Liability for Directors, Officers and Controlling Shareholders," Am. Bankr. Inst. J. Vol. XXVII, No. 10, at 30 (Dec. 2008/Jan. 2009)

"Bankruptcy and the Tax Impact of Foreclosure for Consumer Debtors," 30 Cal. Bankr. J. 73 (2009).

"Bankruptcy Court Rules that Where Two Debtors Confirmed Plans Providing Different Treatment to the Same Creditor, the Debtor with the Plan that Provided More Favorable Treatment Could Not Use the Plan that Provided Less Favorable Treatment (In re Landmark West, LLC)," e-Bulletin, Insolvency Law Committee of the State Bar of California (Aug. 2016).

"A Festive Failure – Court of Appeal Overturns Trial Court's Sham Guaranty Determination," Quick Prophets (2016).

"Long Time Borrower Bankruptcy Tool – Abrogated by Ninth Circuit Court of Appeals," Quick Prophets (2016).

"Ninth Circuit Undertakes Choice of Law Analysis to Hold that California Law Applied to Analysis of Attachment of Judgment Lien Against Property in California Owned by Arizona Debtor (In re Miller)," e-Bulletin, Insolvency Law Committee of the State Bar of California (Oct. 2017).

HONORS & AWARDS

Judge Barry Russell Award presented by the Federal Bar Association, Los Angeles Chapter

Rising Star: Selected as Northern California Rising Star for 2013 - 2016 representing the top 2.5% of Lawyers in Northern California.

REPRESENTATIVE MATTERS

Bankruptcy

Represented lender in a chapter 11 reorganization involving an operating hotel and adjoining shopping center complex.  Successfully prosecuted a competing plan of reorganization that resulted in the lender being paid off.

Represented money center bank in borrower's bankruptcy resulting in rehabilitation of the collateral and actions against the guarantors that returned all of the bank's principal.

Frustrated efforts of the principal of several borrowing entities in the midst of a receivership windup from using a scheme to skim the lender's collateral by systemically coordinating bankruptcy filings for each of the entities in unrelated courts by consolidating the bankruptcy cases across jurisdictions on an emergency basis and subsequently defeating claims that the lender's collateral belonged to a newly created, non-borrowing entity.

Transactions

Represented lenders in connection with financing for multiple dairies, farming, and ranching operations, including amending and restructuring $89 million in term and revolving facilities for a dairy.

Chartered the chapter 11 financing and exit strategies for several lenders.

Negotiated and structured lending facilities for food processing and distribution companies.

Litigation

Lead counsel to numerous judgment creditors in enforcement activities that paid off the judgment creditors in full.

Successfully resolved multiple disputes under Articles 3 and 4 of the Commercial Code.

Represented receiver in contentious remediation and receivership estate asset sale efforts that paid lender and trade creditors off in full, and returned significant distribution to the equity holders.

Represented lenders in litigation concerning adverse claimants under the Perishable Agricultural Commodities Act that led to highly favorable resolutions.

Defended former owner from multimillion dollar claims asserted by his prior company for fecklessness, waste, and breach of fiduciary duty.

Successfully obtained pre-judgment and post-judgment remedies on numerous occasions, including attachments, appointments of receivers, writs of possession, and charging orders.

COMMUNITY

Volunteer, Affordable Bankruptcy Center and the Debtor Assistance Project in the Central District of California

Volunteer, Legal Aid at Work and Central California Legal Services' Workers' Rights Clinic

Volunteer, Holocaust Victims Asset Litigation

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Michael J. Gomez, Attorney at Law