Bankruptcy Litigation

Hiser Law represents creditors in all aspects of Chapter 7, 11 and 13 bankruptcy cases, with a focus on trial work. The firm’s clients include lenders, commercial and residential landlords, receivers, businesses, individuals and student loan guaranty agencies.

IN RE NOB HILL INN CITY PLAN OWNERS ASSOCIATION, Bankruptcy Petition No. 23-30368, U.S. Bankruptcy Court Northern District of California, August 2023. Represented lender in obtaining approval of debtor-in-possession financing.

IN RE E. LYNN SCHOENMANN, Bankruptcy Petition No. 22-30028, U.S. Bankruptcy Court Northern District of California, August 2023. Obtained $1M payment for client group following sale of real property, where title was contested and matter is on appeal.

FOX v. FORSTER, Adversary Proceeding No. 22-04051, U.S. Bankruptcy Court, Northern District of California, June 2023. Obtained dismissal of complaint seeking enforcement and determination of nondischargeability of 1987 Alaska default judgment for $445,000.

IN RE ROARK & ASSOCIATES, LLC, Bankruptcy Petition No. 21-30614, U.S. Bankruptcy Court, Northern District of California, November 2021. Represented commercial landlord in obtaining dismissal of Chapter 11 petition of tenant within three months of filing date.

QUALCOMM INC. v. NORTHWATER INTELLECTUAL PROPERTY FUND, L.P. et al, Adversary Proceeding No. 17-03057, U.S. Bankruptcy Court, Northern District of California, May 2020. Obtained payment of significant dividends to client group in settlement of adversary proceeding against them.

BASSEY v. EDUCATIONAL CREDIT MANAGEMENT CORPORATION, Adversary Proceeding No. 18-01019, U.S. Bankruptcy Court, Eastern District of California, December 2019. Obtained trial judgment holding debt owed to client non-dischargeable.

OKORONWKO v. EDUCATIONAL CREDIT MANAGEMENT CORPORATION, Adversary Proceeding No. 18-05012, U.S. Bankruptcy Court, Northern District of California, April 2019. Obtained trial judgment holding debt owed to client non-dischargeable.

PARKER v. BAYSIDE COURT OWNERS ASSOCIATION, Case No. 14-44083, U.S. Bankruptcy Court, Northern District of California, January 2019.  Won two motions in limine precluding either of plaintiff’s expert from testifying during week-long trial.  Successfully limited plaintiff’s damages to five percent of amount claimed.

IN RE 624 STANYAN LLC, Case No. 16-30965, U.S. Bankruptcy Court, Northern District of California, July 2018. Obtained settlement and full payment of $450,000 claim owed to client pursuant to Marital Settlement Agreement which former spouse had fought repaying for nine years.

IN RE W.B. COYLE, Case No. 13-32412, U.S. Bankruptcy Court, Northern District of California, September 2016. Obtained an Order rescinding sale of $1,900,000 property to client and return of client’s security deposit in full based on fraud/misrepresentation of selling party and over selling party’s strong opposition to rescission.

IN RE RICHARD AND DONNA MILSNER, Case No. 10-72426, U.S. Bankruptcy Court Northern District of California. Located and recovered for bankruptcy estate $1,150,000 that debtor attempted to conceal after Chapter 11 Plan confirmation.  Post-confirmation monitoring of case uncovered debtor’s actions three years after confirmation.  Obtained court order reopening bankruptcy case and second Order requiring immediate payment of the $1,150,000 to unsecured creditors.