The Law Office of Thomas H. Casey

Bankruptcy Law

Law Firm Cases

The clients of the Casey Firm are diverse and include all parties in bankruptcy cases, including creditors, creditor committees, bankruptcy trustees and defendants in bankruptcy litigation. The Casey Firm has developed an extensive bankruptcy litigation and bankruptcy appellate practice including an expertise in bankruptcy cases involving medical, real estate and family law issues.

Creditor and Debtor Representation:

The Casey Firm has represented many creditors including vendors, lessors and secured creditors in bankruptcy cases. The Casey Firm presently represents several large corporations in ongoing workout and settlement discussions with their creditors. The Casey Firm also presently represents the principals of several corporations that recently filed bankruptcy.

In the Chapter 11 bankruptcy case of Anacapa Real Estate Investments, LLC (2:09–bk–34174–VK), the Casey Firm represented the largest creditor, an individual lender whose claim was secured by a Deed of Trust on 56 contiguous acres of unimproved land in Laguna Beach, California. After litigation in the U.S. Bankruptcy Court, the Casey Firm obtained an adequate protection order, an order granting the client relief from stay to foreclose, and the dismissal of the Chapter 11 bankruptcy case. Our client was then able to continue with the foreclosure process.

Bankruptcy Appeals:

The Casey Firm has represented parties in over one hundred appeals before the Bankruptcy Appellate Panel, the District Court, and the Ninth Circuit Court of Appeals.

The Casey Firm was associated in as co-counsel for the Debtors to assist with an appeal of an order denying the creditor's motion to dismiss the Debtor's bankruptcy case. After successfully obtaining an affirmation by the Bankruptcy Appellate Panel, the Firm continued with the representation before the Ninth Circuit Court of Appeals wherein the Firm again successfully obtained another affirmation. Both opinions by the appellate courts were published. In re Cherrett, 523 B.R. 660 (9th Cir. BAP, 2014) affirmed at 873 F.3d 1060 (9th Cir. 2017).

Trustee Representation In Complex Bankruptcy Cases:

The Casey Firm has represented many Chapter 11 and Chapter 7 Bankruptcy Trustees from Orange County, Riverside County and Los Angeles County in hundreds of complex bankruptcy cases including the cases noted below.

The Casey Firm represented the Chapter 7 Trustee in the complex bankruptcy litigation case of Rajinder Jawa and Debra Jawa (2:13-bk-25539 ER) which involved real estate, trust and appellate issues. Through extensive litigation in the U.S. Bankruptcy Court the Casey Firm successfully cleared title to valuable, commercial real estate located in Los Angeles and defeated an alleged, commercial lease interest in the real estate. The Casey Firm successfully defended before the Bankruptcy Appellate Panel the appeals of the judgments and orders entered in favor of the Bankruptcy Trustee. The Casey Firm assisted the Bankruptcy Trustee in obtaining Bankruptcy Court approval of the sale of the commercial property for $3,225.000 which substantially benefitted the creditors of the Jawa bankruptcy estate.

The Casey Firm represented the Chapter 7 Trustee in the case of In re Michael Rodarte (8:13–bk–13400–TA). The case was filed as a Chapter 11 case and the Debtor had filed a complaint against his fiancé to recover several very valuable real properties. The Casey Firm prosecuted the heavily contested litigation and proceeded with extensive discovery. After the Casey Firm's motion for summary adjudication of certain issues was granted, the parties were able to reach a global settlement resulting in all creditors being paid 100% of their claims in an amount exceeding approximately $2.9 million.

An involuntary Chapter 11 petition was filed against the Debtor and its related companies in the case of In re ESCO LLC (8:05–bk–10035–ES). The Debtor had ongoing business operations in California, Texas, Colorado, Arizona, Oregon, Nevada and Washington. The Casey Firm represented the Chapter 7 Trustee in an orderly wind down of the business operations including negotiating and obtaining Court approval of settlements with landlords and secured creditors. The Casey Firm also filed and prosecuted 183 avoidance actions and recovered funds for the benefit of the creditors of the bankruptcy estate in the amount of $1,953,932.

In the case of In re Jeffrey Alan and Helen Christine FitzHenry (6:07–bk–14171– MJ), the Casey Firm represented the Chapter 7 Trustee. The primary creditor filed a $50 Million claim based on evidence indicating that a 16 year-old girl had been shot in the neck by her 17 year old boyfriend, who was the Debtor's son. The primary creditor's injuries from the shooting were so severe and debilitating that she became a quadriplegic who required 24 hour care for the rest of her life. The assets of the FitzHenry bankruptcy estate consisted of three actively operating funeral homes. To complete the $6.0 Million sale of the three operating funeral homes, the Casey Firm documented and obtained Court approval of a complex two step sale process. After the Court approved the sale, the Casey Firm negotiated and obtained Court approval of a global settlement with the primary creditor, who received an interim distribution to quickly provide her with funds to pay for her immediate care. The final distribution provided for 100% payment to all the other creditors and a final distribution to the primary creditor.

The Casey Firm represented the Chapter 7 Trustee in the case of In re Maged Abu–Assal (6: 02–bk–25648–PC). Assets of the bankruptcy estate included three operating child care centers in Riverside County involving 342 children and 41 teachers. This case presented numerous, complex legal issues involving bankruptcy and state law. During the lengthy and litigious tenure of this case, the Casey Firm represented the Trustee in a variety of federal and state courts including Bankruptcy Court, U.S. District Court, Family Law Court, and the Labor Board. When the bankruptcy case was filed, the Debtor was incarcerated for violating Family Court Orders. He was later released but remains a fugitive. After eight years of litigation, a substantial distribution was made to creditors.

The Casey Firm represented the Chapter 7 Trustee in the case of In re Fernando Llamas (2:10– bk–17144–PC).The Casey Firm filed a complaint to avoid and recover a transfer of valuable real property that was subject to a pre–bankruptcy, Guam Family Court marital settlement agreement. The Trustee's complaint involved cutting edge, complex issues of bankruptcy and family law. The Court granted the Casey Firm's motion for summary judgment in the Statement of Decision at In re Llamas, 2011 WL 7637254 (Bankr. C.D. Cal., 2011).

Representation in Bankruptcy Medical Cases:

The Casey Firm represented the Chapter 7 Trustee in the case of In re Glen Robert and Jane Grace Justice (8:11–bk–26252–CB). At the time of the filing of the bankruptcy petition Dr. Justice was incarcerated for medicare fraud. As part of his plea agreement, the USA was granted a $1 Million Criminal Restitution Lien and a $7.5 Million Deed of Trust against the Justices' oceanfront Corona Del Mar residence. After analyzing the Trustee's potential causes of action regarding the USA Deed of Trust, the Casey Firm negotiated a settlement with the USA and obtained Bankruptcy Court approval of the sale of the Justices' residence. The Casey Firm also caused the appointment of a Patient Care Ombudsman who was then able to provide approximately 3,100 former patients of Dr. Justice access to their medical records while maintaining the confidentiality of the patient's information.

The Casey Firm represented the Chapter 11 Trustee in the case of In re Centro Medico Community Clinic, Inc. (6:14–bk–22467–MH). The Clinic operated a not-for- profit medical and dental clinic serving approximately eighty (80) low income patients per day. Patient care and privacy rights of the patients was an issue. The Casey Firm worked closely with other professionals in the case to ensure that the operations complied with the Bankruptcy Code and various state and federal regulations. After mediation, a global settlement was reached and the Chapter 11 bankruptcy case was dismissed.

The Casey Firm represents the Chapter 11 Trustee in the case of In re David A. Sanchez, MD, Inc. (8:14–bk–14092–TA). The Debtor operates a general medical practice in a commercial building that is also owned by the Debtor. The Casey Firm has been representing the Chapter 11 Trustee is overseeing the Chapter 11 operations of the medical practice.

Representation in Bankruptcy Cases Involving Family Law:

The Casey Firm has represented parties in many bankruptcy cases involving overlapping family and bankruptcy legal issues. In such cases, the Casey Firm has not only represented parties before the Bankruptcy Court but has also appeared in Family Court. Some of the Casey Firm's cases involving complex Family Law issues are: In re A. Lawrence Suther (6:11–bk–39048–DS): In re Joseph M. Debilio (8:09–bk–23812–ES): In re Maged Abu–Assal (6:02–bk–25648–PC): and In re Llamas (2:10–bk–17144–PC): In re McConnell (6:17-bk-11861-SC): In re Kay (2:17-bk-10897-ER)