David S. Kupetz

David Kupetz has more than 35 years of experience in distressed transactions, crisis avoidance consultation, workouts, restructurings, reorganizations, bankruptcies, receiverships, assignments for the benefit of creditors, creditor rights, and other non-bankruptcy insolvency solutions and related transactions and litigation.

David represents debtors (in restructurings and workouts and in chapter 11 reorganization cases), secured creditors, unsecured creditors’ committees, assignees for the benefit of creditors, buyers/sellers of businesses/assets in distressed circumstances and other entities in insolvency and bankruptcy situations.

He works across industries, including finance and financial services, consumer goods, franchises, manufacturing, retail, health care, hospitality and technology, media, and telecommunications.

David’s many articles on bankruptcy-related subjects have been published in local and national publications. He is the author of the Collier Handbook for Creditors’ Committees and served as the author of Collier Commercial Bankruptcy Forms for many years.

David is a frequent lecturer on reorganization and other insolvency topics.

David’s representative experience includes:

• Counsel to Care Enterprises, Inc., a skilled nursing facilities chain, as debtor-in-possession
• Counsel for Pantogran LLC in its acquisition of Center for Autism & Related Disorders (CARD)
• Counsel to Ocean Pacific Sunwear, Ltd., an apparel company, as debtor-in-possession
• Counsel to County of Los Angeles as creditor
• Counsel to General Electric Capital Corporation as secured lender
• Counsel to Litton Industries, Inc., as creditor
• Counsel to Boston West, LLC, known as Boston Markets, a quick service restaurant chain, as debtor-in-possession
• Counsel to ExxonMobil Corporation as creditor
• Counsel to Honda Trading Co. as creditor
• Counsel to CKE Restaurants as creditor
• Counsel to San Diego Television, Inc., a media company, as debtor-in-possession
• Counsel to South Bay Pizza, Inc., a restaurant group, as debtor-in-possession
• Counsel to the Official Committee of Unsecured Creditors’ of Transgo Corp.
• Counsel to the Out-of-Court Unsecured Creditor’s of Aura Systems, Inc.
• Counsel to Snow Valley, LLC, a ski resort, as debtor-in-possession
• Counsel to Gardenburger, Inc., a meat alternative products business, as debtor-in-possession
• Counsel to eStyle, Inc., a brick and mortar and online retailer, as debtor-in-possession
• Counsel to American Home, a furniture retailer, as debtor-in-possession
• Counsel to No Fear Retail Stores, Inc., a retailer and licensor, as debtor-in-possession
• Counsel to Webalo, Inc., a technology company, as debtor-in-possession
• Counsel to Electronic Sensor Technology, Inc., a technology company, as debtor-in-possession
• Counsel to Ventura Port District as debtor in Chapter 9 case
• Counsel to Agron, Inc., a consignment vendor to Sports Authority
• Counsel to Shiekh Shoes, LLC, a retailer, as debtor-in-possession
• Counsel to the Official Committee of Creditor’s of VER Technologies
• Counsel to City of Hermosa Beach in out-of-court settlement
• Represented the Town of Mammoth Lakes in restructuring negotiations
• Counsel to Mad Dogg Athletics, Inc., spinning bikes and programs, as debtor-in-possession
• Counsel to Glostation USA and Affiliates, virtual reality company known as Sandbox VR), as debtor-in-possession
• Represented assignees, distressed businesses, creditors and buyers in hundreds of assignments for the benefit of creditors
• Represented debtors, creditors and creditor groups in numerous out-of-court debt restructuring, forbearance, recapitalization, extension and forgiveness arrangements
• Represented various local public entities in out-of-court negotiations with creditors, workouts and restructurings that have allowed them to avoid Chapter 9 and represented other government entities and creditors in connection with Chapter 9 cases
• Worked with numerous buyers implementing acquisitions through Chapter 11 cases, assignments for the benefit of creditors, and foreclosures.