Practice Areas

Bankruptcy

San Francisco Bay Area Bankruptcy Lawyer

We have handled a wide range of bankruptcy proceedings and bankruptcy litigation. We can represent you effectively if you or your business are considering or have filed bankruptcy or are dealing with individuals or businesses who have filed or threatened to file bankruptcy to avoid or minimize their obligations to you.

DiNapoli & Sibley
Experienced, Result-Oriented Silicon Valley Bankruptcy Attorneys
Call (408) 999-0900

Our clients include debtors and creditors in proceedings under Chapter 7, 11 and 13 of the United States Bankruptcy Code, including creditors who lost millions of dollars because of the ENRON scandal. We have extensive experience in protecting and recovering the assets of businesses and individuals who are involved in bankruptcies, either as creditors or debtors. We can help you or your business in regard to:

• Restructuring Debts and Assets
• Bankruptcy Planning
• Voidable Preferences and Fraudulent Conveyances
• Relief from or Preservation of the Automatic Stay
• Protecting or Recovering Business and Personal Assets
• Federal and State Tax Issues
• Work-Outs and Restructuring of Debt
• Debt Collection

DiNapoli & Sibley is also experienced in dealing with the consequences of questionable pre-petition transfers by bankruptcy filers, including avoidable preferential payments, fraudulent conveyances, strategic overpayments of salary to employees, and other suspect distributions to insiders, affiliates or agents of the debtor, including corporate officers, directors, friends and family members.

State and Federal Court Proceedings

Unlike many bankruptcy law firms, our office has extensive litigation and trial experience in State and Federal Court, as well as the Bankruptcy Court, including the resolution of creditors’ and debtors’ disputes in each of these forums. This experience allows for seamless representation of a client’s interests when a case is removed from State Court to Federal Court, transferred from one Federal District Court to another, referred by the District Court to the Bankruptcy Court in the same District, remanded from the Federal Court to the State Court, and actually litigated and set for trial in any of these forums.

Non-Bankruptcy Proceedings

Depending on the situation, we also have extensive experience representing clients in non-bankruptcy proceedings such as work-outs and the restructuring of debt. A work-out involves negotiations between creditors and debtors to modify the debtor’s financial obligations and generate a positive cash flow which will benefit both parties. This strategy provides our clients with significant advantages over simply filing for bankruptcy or filing claims in that bankruptcy in the absence of such negotiations before the debtor decides to file bankruptcy.

A non-bankruptcy work-out offers more flexibility than any of the chapters of bankruptcy and provides a potential bankruptcy debtor with more opportunities to preserve its business goodwill with creditors with whom the debtor hopes to continue doing business with in the future.

Additionally, creditors gain the benefit of usually being able to recover more money under a work-out plan than through traditional bankruptcy. Our attorneys will use their skills to determine if a non-bankruptcy work-out plan is right for you.

Upcoming Changes in Bankruptcy

There are several new changes in bankruptcy laws that will commence in October 2005. Our attorneys can provide you with the information which you need to decide whether declaring bankruptcy before that date will be in your best interests and whether your rights as a creditor will be affected by those changes.

If you need a highly competent San Francisco Bay Area Bankruptcy lawyer, contact our law office by calling (408) 999-0900 or by filling out our online contact form.

DiNapoli & Sibley
Ten Almaden Boulevard
Suite 1250
San Jose, CA 95113-2271
Phone: (408) 999-0900
Fax: (408) 999-0191
E-Mail: Contact Us

*Our San Jose, California law office is conveniently located in order to serve clients throughout the San Francisco Bay Area, Silicon Valley, the Monterey Peninsula, and the San Joaquin Valley, including: South Bay, Santa Clara, Cupertino, Palo Alto, Sunnyvale, Mountain View, Gilroy, Morgan Hill, Salinas, Monterey, Santa Cruz, Oakland, San Mateo, Redwood City, Fresno, Merced, Modesto, Stockton, the Counties of Santa Clara, San Mateo, San Francisco, Monterey, Alameda and other communities and regions in Northern California.