Finestone Hayes LLP

Finestone Hayes LLP is a business bankruptcy, restructuring, and creditors’ rights law firm based in San Francisco, California. The firm’s attorneys represent distressed companies, creditors’ committees, purchasers, and others in restructurings, bankruptcies, and other financial distress situations, including litigation and out-of-court workouts. The firm’s experience spans a range of business sectors, including real estate, mortgage loans, transportation, retail, restaurants, construction, and aviation. The firm’s attorneys also have extensive experience in federal court appeals within the Ninth Circuit.

INSOLVENCY PRACTICE

We have deep and broad experience representing companies (and occasionally individuals) in bankruptcy reorganizations and liquidations. Our Chapter 11 work includes successfully shepherding debtors through the difficulties of obtaining a confirmed plan of reorganization and the matters that arise in that context, including in Subchapter V. Examples of our debtor work include:

Representing a meal delivery company to confirm a Chapter 11 liquidating plan to sell assets including intellectual property and a real property lease.
Representing a cosmetics company to restructure products liability claims.
Representing a marine vessel maintenance company to confirm a Subchapter V plan to resolve labor union claims.
Representing a jet aircraft leasing company to confirm a Subchapter V plan and obtain a discharge over the opposition of its largest creditor.
Representing a professional sports player to obtain a discharge of over $26 million in debts.
Representing companies and individuals with significant tax obligations.

PRACTICE

AREAS

practice_areas

OUT-OF-COURT WORKOUTS

We have extensive experience representing clients in out-of-court workouts to avoid litigation and bankruptcy, and have broad transactional experience in negotiating, drafting, and closing asset purchase agreements and forbearance agreements.

ASSET PURCHASERS

We represent acquirers of assets in bankruptcy cases and are experienced in the key issues that arise, including bidding strategy, break-up fees, credit bidding, assumption and assignment of key executory contracts, § 363(m) declarations, sales free and clear of liens, and assignments for the benefit of creditors.

CREDITOR RIGHTS

We represent secured and unsecured creditors in bankruptcy cases, including those having complex contractual relationships with Chapter 11 debtors. Our creditor representation has included creditors seated on Unsecured Creditors’ Committees in mega-bankruptcy cases such as Pacific Gas & Electric and Neiman Marcus. We have also represented debtor-in-possession financing lenders. The firm also regularly represents clients in litigation and creditor remedies, including avoidance actions, pre-judgment remedies, post-judgment appeals, and collections. Our clients include many types of businesses, including lenders, e-commerce, commercial contractors, solar companies, and real estate investors.

COMMERCIAL LITIGATION

We represent plaintiffs and defendants in litigation, primarily in federal court. Our past representations include defense of civil fraud, prosecution and defense of breach of contract, prosecution and defense of avoidable transfers, and prosecution and defense of alter ego/Cal. Civ. Code § 187 actions.

COURT-APPOINTED FIDUCIARIES

We have extensive experience representing court-appointed fiduciaries (including Chapter 7 trustees, Chapter 11 trustees, and liquidating trustees) in myriad legal and business issues including consensual and contested asset sales, sales free and clear of liens, assumption and assignment of leases and contracts, litigation of fraudulent conveyances and preferential transfers, exemption litigation, feasibility disputes, eligibility disputes, and Chapter 11 plans.

ATTORNEYS

BANKRUPTCY APPEALS

We have extensive experience representing clients in federal court appeals within the Ninth Circuit, in bankruptcy cases and in civil fraud litigation.