David S. Kupetz, Member

Mr. Kupetz’s many articles on bankruptcy-related subjects have been published in The Business Lawyer, Commercial Law Journal, IDEA: The Journal of Law and Technology, Journal of Bankruptcy Law and Practice, The Annual Survey of Bankruptcy Law, The Urban Lawyer, The Banking Law Journal, Los Angeles Lawyer, California Lawyer, Commercial Law Bulletin, Los Angeles Daily Journal, The Secured Lender, California Bankruptcy Journal, The Journal of Private Equity, The Journal of Corporate Renewal, Public Law Journal, Federal Lawyer and many other publications. He served as the author of Collier Commercial Bankruptcy Forms for many years and currently is the author of the Collier Handbook for Creditors' Committees.

• Default Rate Interest — Valid Under California Law?
• Substantive Consolidation: The Bankruptcy Court's Power to Pierce Corporate Veils
• The Fitness of Recharachterization: Fitness Holding affirms a nuanced, fact-based analysis of insider financing
• Mandatory Subordination of Claims for “Damages Arising From the Purchase or Sale” of a “Security” Under Bankruptcy Code Section 510(b)
• Designating Votes on Chapter 11 Plans for “Ulterior” Motives
• Stockton Creditors Chastised
• Assignment for the Benefit of Creditors; Effective Tool for Selling and Winding Up Distressed Businesses
• Chapter 9 for Municipalities
• City Doesn’t Need Approval To Settle Claims During Chapter 9
• Standards for Confirming a Chapter 9 Plan of Debt Adjustment: Incorporating and Diverging From Chapter 11 Plan Standards
• Successor Agencies Will Be Disposing Of Former Redevelopment Agency Properties
• Stockton health benefits not protected by the Contracts Clause
• Intercreditor Subordination Agreements and Voting Rights in Chapter 11," Norton Annual Survey of Bankruptcy Law
• The Supersessionary Effect of Federal Bankruptcy Law on State Statutes of Limitations for Actions Against Receivers
• The Venerable Assignment for the Benefit of Creditors Weathers the Ninth Circuit’s Decision in Sherwood v. Lycos and Remains a Valid Alternative to Federal Bankruptcy Proceedings
• Bankruptcy Firm Gets Rare Document
• Evidentiary Hearings in Bankruptcy Court: Necessary for the Resolution of Disputed Material Facts and Open to the Admission of Evidence Previously Introduced in the Case and the Court’s Knowledge of the Case From Prior Proceedings
• Comfort Zone
• Valuation Experts, Beware the Gatekeeper! Parts One and Two
• Independence of Valuation Experts Is Crucial in Chapter 11s
• Unions, Pensions, and Executive Compensation in Chapter 11
• Corporate Governance Of Chapter 11 Debtors: The Impairment Or Suspension Of Shareholder “Democracy” Rights Taking Into Account The Economic Realities Of The Case
• Defending California Real Estate Foreclosures
• Filing Bankruptcy by Solvent Tenants to Cap Landlords’ Claims
• What is the Cure?: Nonmonetary Defaults Under Executory Contracts
• The Rooker-Feldman Doctrine in Bankruptcy: While a Bankruptcy Court’s Exclusive Jurisdiction Remains Undisturbed, It May Be Subject to Rooker-Feldman and Interjurisdictional Preclusion Constraints In Situations Where It Shares Concurrent Jurisdiction with a Non-Bankruptcy Court
• It’s Not Over Until It’s Over: Chapter 11 Plan Confirmation
• The Bankruptcy Code is Part of Every Contract
• Spendthrift Trusts: The Real (but Not Unlimited) Benefits in Bankruptcy
• Assignment for the Benefit of Creditors Advantageous Vehicle for Selling and Acquiring Distressed Enterprises
• The Journal of Private Equity. Strategies and Techniques for Venture Investing.
• For Bankruptcy Alternative, Know Your ‘ABCs’
• Adjusting Municipal Debts: Chapter 9
• Intellectual Property Issues In Chapter 11 Bankruptcy Reorganization Cases
• The Fundamentals of Business Bankruptcy (Reorganization and Liquidation)
• Assignment for the Benefit of Creditors: Salvaging Value From a Sinking Ship
• Exit Strategy Gets Right Back to Basics
• Assignment for the Benefit of Creditors: Effective Tool for Selling and Winding Up Distressed Businesses
• Real Estate Leases in Bankruptcy: Landlord/Tenant Issues Under the Bankruptcy Code
• Assignee’s Preference Avoidance Power. Ninth Circuit Rules That Bankruptcy Code Preempts It. Part One of a Two-Part Article
• Resolving Business Financial Crises
• Cram Slam
• Seeking Perfection Federal Grace Period Pre-empts State Law
• On Executory Contracts, Precedent Carries the Day
• What Can Go Wrong Before a Bankruptcy Filing
• Sales of Substantially All Assets of Chapter 11 Bankruptcy Estates Outside of a Plan
• Break-Up Fees in Bankruptcy

• Care Enterprises, Inc. (debtor in possession)
• Ocean Pacific Sunwear, Ltd. (debtor in possession)
• County of Los Angeles (creditor)
• General Electric Capital Corporation (secured lender)
• Litton Industries, Inc. (creditor)
• Boston West, LLC (Boston Markets) (debtor in possession)
• ExxonMobil Corporation (creditor)
• Honda Trading Co. (creditor)
• CKE Restaurants (creditor)
• Ventura Port District (chapter 9 debtor)
• San Diego Television, Inc. (debtor in possession)
• No Fear Retail Stores, Inc . (debtor in possession)
• Gardenburger, Inc. (debtor in possession)
• Transgo, Inc. (creditors’ committee)
• Estyle, Inc. (debtor in possession)
• GTS 900 F, LLC, aka Concerto (debtor in possession)
• Snow Valley (debtor in possession)
• Orange County Nursery, Inc. (debtor in possession)
• Town of Mammoth Lakes (out of court restructuring)
• AFC Acquisitiion Corp., dba American Home (debtor in possession)
• Aura Systems, Inc. (out-of-court unsecured creditors’ committee)
• General Electric Capital Corporation (secured lender)
• South Bay Pizza, Inc. (debtor in possession)

“David is one of the preeminent restructuring attorneys in California. I selected him to prepare and execute a Chapter 11 restructuring of Gardenburger Corporation when it was clear the representatives of the capital structure could not agree on how to disburse proceeds of sale. David did an outstanding job of coordinating with attorneys representing lenders, several different preferred stock owners, the creditor's committee and management. The restructuring was completed in the minimum time and the judge commended David on running an excellent process. I would recommend David to any Board or ownership group that is contemplating a restructuring.”
—Scott Wallace

“David is one of the most competent and knowledgeable bankruptcy lawyers I’ve worked with over the years. Specifically, I worked with David and his firm on a bankruptcy sale of a distressed business, eStyle, Inc. The transaction was completed and approved by the court without a hitch in a very short time, under a significant amount of pressure.”
—Alexander B. Kasdan, President, Alexander B. Kasdan Company

“While doing a turnaround, we needed bankruptcy counsel and chose David's firm over many others. I liked David's even keeled approach and coaching during what for everyone was a turbulent time. He and his team did a great job and was a valuable partner. Even though we refinanced the company, David and his team guided us through the bankruptcy process and were able to give me key insights on how to handle creditors. I will hire David again if the need arises.”
—Jim Gitney

“I have worked with David for over 10 years and on over 30 different matters. He has always been there for my clients and me. Not only does he have significant expertise in bankruptcy law, he also has a keen business mind. David is a gifted problem solver and has a very practical demeanor and approach that diffuses complex and emotional situations.”
—Roy Kim

“David Kupetz provided a calm, sure and steady hand in coordinating and directing a complex Chapter 11 case in which I was involved . . . he is responsive, timely, thoughtful and creative, all of which complement his extensive knowledge of bankruptcy and business reorganization.”
—Gregory Salvato, Managing Partner, SALVATO LAW OFFICES

“David brought all of his many capabilities to bear in guiding our complex and fractious Chapter 11 case to a most successful conclusion. His reputation as a lawyer with deep expertise who anticipates and solves problems with imagination and thoroughness, and with the highest professional and personal integrity, is well-deserved. What may have been David's most valuable contributions, though, were his regular administrations of calming deliberation, without which our Chapter 11 "process" might well have collapsed. If I'm unfortunate enough to find myself in another bankruptcy situation in the future, my first call will be to David.”
—Scott Benjamin

“David is an excellent attorney for those landlords needing a value-orientated consultant to help resolve issues dealing with tenant bankruptcies.”
—Brian Fagan

“David is a very effective insolvency lawyer who seeks to find the best solutions whether or not it involves a bankruptcy process. He lives and breathes client service and is available 24/7 to address client concerns. Moreover, he is a team player who works hard to develop the tremendous talent within his firm. Through his legal skill, intelligence and integrity he earns both the confidence of his clients and the respect of the professionals on the other side of the table.”
—Steve Green, President, Kibel Green

“After many years of knowing David, I finally had the opportunity to work with him on a day-to-day basis in a very challenging client situation, and through a Chapter 11 proceeding. As a result, I can't express enough positive attributes about David and the experience of working with him. He's technically very knowledgeable but able to explain the issues in a precise matter of the fact business context. Most importantly, David is a real gentleman in what can be a very raucous business environment both with the client and other professionals. I truly enjoy working with David and look forward to future adventures.”
—George Blanco, Managing Director & Partner, Avant Advisory Group

“David has been a highly effective legal advisor for companies I have represented as financial advisor in the past. He is a pragmatic business advisor who identifies various legal alternatives for clients and articulates clearly advantages and disadvantages of each. His deep knowledge of the body of law and conventions within the bankruptcy and insolvency arenas allows David to deliver sound legal advice efficiently. Moreover, his personal style is one clients find comforting and is provided in a way that limits the negative impact from contentious sources frequently found in difficult cases.”
—Dick Alston, Managing Director, Kibel Green Incorporated

“David is the first lawyer I call when one of my clients needs bankruptcy-related advice. He is very responsive -- he once took my call on a ski lift!”
—Peter Taylor, Partner, Peter Taylor Law

“David is a consummate professional and one of the most brilliant attorneys I've ever worked with. Our firms have collaborated very closely on several major bankruptcy cases that were highly complex and demanding. David is a critical thinker who has a keen grasp of business issues, and often provides very practical solutions to compliment legal strategies. He is a pleasure to work with and always very responsive. I would have no hesitation in recommending him.”
—James Maddox, Managing Director – Real Estate, Kibel Green Inc.

“I have known David for many years and he is highly knowledgeable about bankruptcy law. At my previous law firm, we engaged David to assist a couple of our clients and he achieved excellent results."
—Steven ZIdell

“I have referred numerous clients to David and have worked closely with him over the years. He is an outstanding lawyer.”
—Michael Balmages

“One of the most reliable, trustworthy and capable attorneys you could hire. In a world that mostly hates lawyers, David is that exceptional lawyer that you'll feel good about working with...which comes in handy if you're going through financially turbulent waters.”
—Mark Goulston, Business Consultant and Author

Outside of his passion for law and writing, David is a runner (while listening to books on his iPod), hiker and skier, and has a passion for workout yoga. He is an avid reader, occasionally even for pleasure. David and his wife Deborah have been involved in a multitude of community activities. They both take tremendous pride in their daughters: Rachel (Tulane University, 2016), Ariella (University of Michigan, 2016) and Noa (Milken Community High School, 2014).