Bob Benjy earned both his B.A. in Psychology (1997; Magna Cum Laude) and his J.D. (2000; Order of Coif) from the University of Southern California.

Mr. Benjy specializes in commercial and creditor rights litigation in both state and federal courts and has been involved in the prosecution of civil cases against borrowers, loan guarantors, and equipment lessees and has also represented creditors in several bankruptcy matters.

In addition to representing several institutional clients, Mr. Benjy also has experience representing bankruptcy trustees, court appointed receivers, small businesses, and high net worth individuals.

A representative sample of Mr. Benjy's experience includes:
  • Judicial foreclosure actions;
  • Breach of guaranty actions;
  • Actions to recover fraudulent conveyances;
  • Provisional remedies, including appointment of receivers, writs of attachment, and writs of possession;
  • Defense of lender liability actions;
  • Defense of mechanics lien and stop notice actions;
  • Defense of fraud actions;
  • Defense of actions to recover fraudulent conveyances;
  • Defense of actions to recover preferential transfers in bankruptcy court; and,
  • Obtaining relief from stay in bankruptcy court.
A representative sample of Mr. Benjy's successful case outcomes include:
  • Prevailing on a motion for summary judgment filed on behalf of firm client against a chapter 7 trustee in an adversary case seeking in excess of $500,000 in damages against the bank for the bank's alleged failure to honor a maturity date extension provision set forth in a loan commitment letter.

  • Obtaining a quick dismissal with prejudice of a mechanics lien and stop notice action brought against a firm client by a contractor alleging amounts owed of approximately $600,000. The client did not pay anything to the contractor in exchange for this dismissal.

  • Successfully demurring to a complaint brought by borrowers and guarantors against a firm client alleging causes of action for permanent injunction, declaratory relief, reformation of contract, equitable estoppel, constructive fraud, slander of title, and negligence.

  • Obtaining a construction receiver in favor of a firm client over a 300+ unit commercial condominium project near downtown Los Angeles in a $40+ million breach of guaranty case.

  • Obtaining a business receiver in favor of a firm client over a nationally-recognized designer men's shoe manufacturer and distributor.

  • Obtaining judgment by way of trial in an unlawful detainer action brought by a firm client seeking eviction of a holdover tenant after a trustee's sale.

  • Obtaining a judgment exceeding $877,000 in favor of a firm client against a loan guarantor.

  • Obtaining $800,000 for a firm client from a defaulted borrower and a guarantor by way of settlement.

Mr. Benjy's practice emphasis is:

Creditors Rights and Commercial Litigation
Business Litigation
  
   
               
       
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