(Including Cases Prior to Forming the Law Office)

For almost 20 years, Mr. Madris has represented businesses and individuals in primarily Chapter 11 and 7 bankruptcy proceedings.  Mr. Madris has represented creditors and creditors' committees, debtors and debtors-in-possession, adversary defendants and plaintiffs, fiduciaries such as trustees and assignees for the benefit of creditors, as well as asset purchasers and shareholders. 

 Having "sat on both sides of the fence," Mr. Madris has gained insight into what strategy the other side might adopt in certain types of contested matters.  For instance, Mr. Madris has represented secured creditors seeking to assert their rights to their collateral, such as purchasers of non-performing real estate-secured notes (see Mr. Madris's articles "Don't Underestimate the Risks of Being a Secured Creditor in a Bankruptcy Case" and "It Only Takes One: Voting for the Reorganization Plan" in this site's Articles Section), and he has represented debtors seeking to restructure secured obligations.  Further, Mr.  Madris has litigated many preferential transfer and fraudulent conveyance cases on behalf of corporate defendants, and at other times on behalf of  trustees and assignees for the benefit of creditors.  (See his articles "Preference Defense Checklist" and  "Understanding Process is Key to Defending Adversary Proceeding.")  He has also represented bidders for assets at Sec. 363(b) sales, while at other times he has represented sellers.  (See his article "Stalking Profits.")  He has represented both plaintiffs and debtors in non-dischargeability proceedings, and has written on the subject.  (See his article "O.J. Simpson's Civil Judgment is Not Dischargeable.")   Mr. Madris has also represented vendors asserting reclamation claims and debtors defending such claims; holders of unsecured claims and trustees objecting to claims; and creditors moving to appoint Chapter 11 trustees and debtors opposing such appointment.

Many of Mr. Madris's corporate clients are nationwide providers of goods or services.  His clients have conducted business in areas such as wholesale food distribution (for instance, a national pie manufacturer and an importer of canned fish), furniture manufacturing, temporary employee staffing, nutritional supplements, banking, real estate (including investment funds that purchase secured loans from banks), pharmaceuticals, imported goods, electronics, media and entertainment, paper, healthcare, steel and construction, and in other areas. 

Representative cases include the following:  In one case in the Los Angeles bankruptcy court, the Law Office represented a real estate investment fund that had purchased a non-performing promissory note that was secured by realty in Venice, California.  The debtor/borrower proposed a Chapter 11 plan whereby Mr. Madris's client's note would have been restructured over seven years.  Mr. Madris directed his client to take various actions targeted to derail the debtors' proposed plan.  For instance, Mr. Madris's client purchased unsecured debt in order to block the unsecured class from collectively voting for the debtor's plan.   As a result, the bankruptcy court found that the debtor's plan was non-confirmable, and granted Mr. Madris's client relief from the automatic stay to foreclose on the realty.       

In a case in the Northern California bankruptcy court, the Law Office represented a different real estate investment fund that had purchased six non-performing secured notes worth over $4.5 million, each secured by separate real property collateral.  In response to the debtor/borrower's misuse of his client's cash collateral, Mr. Madris filed a successful motion that resulted in the debtor's principal being removed as debtor-in-possession and replaced by a Chapter 11 trustee.   Mr. Madris thereafter obtained relief from stay for the client to foreclosure on all six properties, after the court determined that reorganization was not possible.

In another case, the Law Office represented an individual who filed a state court lawsuit for investment fraud and breach of contract against a corporation and its sole shareholder.  The corporate defendant commenced a bankruptcy proceeding, and to slow down the litigation, "removed" the entire state court lawsuit, including the portion against the non-debtor shareholder, to the bankruptcy court.  Mr. Madris filed a successful motion to "remand" the litigation back to the state court.   

In another case, in the Orange County, California bankruptcy court, Mr. Madris represented the president of a Japanese-owned bankrupt U.S. hi-tech company.  Through Mr. Madris’s efforts, his client successfully stymied a creditor’s repeated efforts to have the hi-tech company’s bankruptcy case dismissed, based on the creditor’s apparent view that with a dismissal, the company’s board of directors would be replaced and legal action would be taken against the president.  Not only was no legal action taken against Mr. Madris’s client, but his client even received a dividend from the bankruptcy estate at the conclusion of the bankruptcy case.

In another case, Mr. Madris, in association with local Ohio counsel, represented an international wholesale distributor in defending an Ohio bankruptcy adversary proceeding where the plaintiff sought to recover a substantial dollar amount in alleged preferential transfers.  After establishing that his client had provided substantial "new value" and had a strong "ordinary course of business" defense, Mr. Madris's client obtained a favorable settlement.  

In addition, Mr. Madris represented a Chapter 11 debtor in proceedings in the Santa Barbara, California bankruptcy court.  Despite aggressive actions from judgment creditors, Mr. Madris was able to thwart the creditors' actions for sufficient time until the debtor obtained a favorable ruling on appeal from a state court judgment.  The debtor thereafter settled with his creditors.