Anthony J. Napolitano represents financial institutions, creditor committees, debtors, lessors and unsecured creditors in various aspects of corporate restructuring, finance, distressed M&A, and litigation matters. Mr. Napolitano has provided legal counsel to executive and senior management and in-house counsel in the following industries: commercial real estate, retail, financial services, manufacturing, technology, energy, hospitality, and transportation.

As an attorney and a Certified Public Accountant, Mr. Napolitano has a broad understanding of not just the legal issues related to corporate restructuring, finance, M&A, and litigation, but also the financial and operational issues facing his clients. Moreover, as a restructuring attorney Mr. Napolitano is accustomed to dealing with crisis situations involving little or no notice and implementing quick solutions to address those challenges.

Bar Admissions

• California

Education

• Loyola Law School, J.D., Order of the Coif, 2003
• Loyola Marymount University, B.S., Accounting and Economics

Corporate Restructuring & Insolvency

Representation of Financial Institutions

• Government Sponsored Entity as secured lender in over 35 restructuring and insolvency matters totaling over $100 million involving its multifamily housing portfolio in California & Nevada.
• California bank as secured lender in over 25 matters in various insolvency cases involving real estate development, multifamily housing, operating companies, and a church.
• Hedge fund as lender to the debtor in the Advantage Rent-a-Car chapter 11 bankruptcy case resulting in sale of all assets to The Hertz Corporation.
• Mezzanine lender in chapter 11 case of regional grocery chain involving over 50 locations resulting a confirmed plan of reorganization. (In re C&K Markets, Inc.)
• Syndicate lender and agent of pre-petition facility in chapter 11 case of provider of technology company focused on commercial testing equipment. (In re Telogy, Inc.)

Representation of Corporate Debtors

• Four affiliated entities in chapter 11 cases involving over $180 million in debt secured by nine multifamily complexes in Texas, Florida, and South Carolina. (In re GTS Property Portfolios, LLC)
• National wholesale importer of food and consumer products in pre-bankruptcy workout.
• Regional 140,000 square foot mall in chapter 11 case. (In re Golden State Mall, LLC)

Representation of Creditor and Equity Committees

• Committee of equity holders representing $55 million in claims in real estate Ponzi scheme. (In re Real Estate Partners, Inc. and seven affiliated cases)
• Committee of unsecured creditors in real estate development bankruptcy involving over twenty commercial and multi-family residential projects. (In re Catlin)

Representation of Bond Trustees

• Indenture trustee of bonds secured by a 1,300 acre, Madera County, $100 million real estate development in state court and bankruptcy court matters. (In re Property Development Group)
• Indenture trustee of secured bonds in a chapter 11 case of charter schools. (In re Omega Academy, Inc. & In re Desert Technology, Inc.)

Corporate Finance & Distressed M&A

M&A and Corporate Transactions

• Energy company in proceedings before California State Lands Commission in connection with pre-bankruptcy acquisition of oil and gas assets from the debtor. (In re Calpine Corp.)
• Private equity fund in acquisition of assets of automotive parts manufacturer. (In re Delphi Corp.)
• Lender in financing the acquisition of coal mines in a section 363 sale. (In re Bowie Resources, Ltd.)
• Financial institution involved in the acquisition of account receivable pools. (In re Friedman's Inc.; In re Weld Wheel Industries, Inc.; In re Brook Mays Music Co.)
• Provided true sale opinions for financial institution with respect to various transactions.

Corporate Finance

• Lender of pre-petition and post-petition lending facility in the restructuring of a Sonoma, California winery. (In re DeLoach Vineyards, Inc.)
• Lender of post-petition and exit financing facilities in the restructuring of a health food company. (In re Gardenburger, Inc.)
• Lender of post-petition and exit financing facilities in the restructuring of a national candy manufacturer. (In re Innovative Candy Concepts, Inc.)

Commercial Real Estate

• Real estate investment funds and other entities as lessors in lease restructurings. (Wickes Furniture, Levitz Furniture, Orchard Supply Hardware, & Hometown Buffet)
• Represent lenders in documentation and restructuring of lending facilities secured by commercial real estate projects.

General Litigation

• Financial institution as syndicate agent for $2.2 billion secured lending facility in fraudulent transfer litigation arising out of the Adelphia bankruptcy case.
• Real estate investment fund as owner in construction defect litigation for 250,000 sq. ft. mall (CLPF West Hollywood, L.P. v. Swinerton Builders, et al.).
• Global consumer electronics company in over 15 patent prosecution actions. (In re KM Digital, Inc.; In re Cyberhome, Inc.; In re Power Media, Inc.)
• Developed standardized licensing agreements and settlement forms for global consumer electronics company for its patent license program.
• National test preparation provider in antitrust litigation brought by chapter 7 trustee. (In re Mark's CPA Review Course, Inc.)

Appellate

• Briefed and argued immigration appeal in United States Court of Appeals for the Ninth Circuit. (Herrera v. Gonzales)
• Briefed and argued various appeals in the Bankruptcy Appellate Panel for the U.S. Court of Appeals for the Ninth Circuit. (In re Fawn Ridge, L.P. & In re Bay Vista Apartments, LLC)

Pro Bono

• Represented twenty indigent families in adoption cases for the Alliance for Children's Rights.
• Represented taxpayer before the IRS and Franchise Tax Board in disputed tax assessment.

Reported Decisions

• Licursi v. Cal. Bank & Trust (In re Licursi), 2014 Bankr. LEXIS 234 (Bankr. C.D. Cal. Jan. 17, 2014)
• AP Servs., LLC v. McKesson Corp. (In re CRC Parent Corp.), 2013 Bankr. LEXIS 2006 (Bankr. D. Del. May 16, 2013)
• In re Real Estate Partners, Inc., 2012 U.S. Dist. LEXIS 188805 (C.D. Cal. Nov. 8, 2012).
• Bay Vista Apts., LLC v. Fed. Nat'l Mortg. Ass'n (In re Bay Vista Apts.), 2011 Bankr. LEXIS 5292 (B.A.P. 9th Cir. Dec. 19, 2011)
• March v. In re 450 S. Burlington Partners, LLC (In re 450 S. Burlington Partners, LLC), 2011 U.S. Dist. LEXIS 66075 (C.D. Cal. June 20, 2011)
• Fawn Ridge Partners, LP v. BAC Home Loans Servicing, LP (In re Fawn Ridge Partners, LP), 2010 Bankr. LEXIS 5082 (B.A.P. 9th Cir. Mar. 29, 2010)
• In re 450 S. Burlington Partners LLC, 2009 U.S. Dist. LEXIS 126750 (C.D. Cal. Aug. 5, 2009).
• Herrera v. Mukasey, 305 Fed. Appx. 352 (9th Cir. 2008)

• Anthony Napolitano, Panelist at the California Receivers Forum Education Program
• Motor City Cruises Into Bankruptcy
• Anthony Napolitano to Speak at Trigild Lender Conference
• Bernard Bollinger and Anthony Napolitano to Speak at the Financial Lawyers Conference
• Dodd-Frank and Bankruptcy Law
• Did I Leave My Estate To My Child's Creditors?
• The Supreme Court Prohibits Chapter 7 Debtors From Stripping Off Wholly Underwater Liens in Bankruptcy
• Dealing with Restaurant and Retail Leases in Bankruptcy
• Commentary: American Apparel's second bankruptcy filing could further impact its retail presence
• Oren Bitan and Anthony Napolitano, Panelists at Cannabis Business Law Conference
• Buchalter Client Alert COVID-19: The Impact of COVID-19 on the Bankruptcy Court System
• Ninth Circuit’s Precision Ruling Adds New Concerns for Factors in Bankruptcy Cases