The Law Offices of Mark Anchor Albert has been involved in major bankruptcy litigation for the debtor, through trustees and receivers, and for secured and unsecured creditors and creditor committees. These bankruptcy litigation cases have involved, among other substantive issues:

• lender liability claims
• commercial and residential construction and redevelopment loans secured by real property
• debtor-in-possession financings
• fraudulent conveyance actions
• preferential transfer actions
• equitable subordination claims
• corporate governance (business judgment rule) claims
• debtor securities violations
• officer and director negligence and malfeasance
• avoidance actions
• relief from automatic stay
• claim objections and claim prosecutions
• dischargeability challenges

Mr. Albert has prosecuted and defended a wide variety of adversary proceedings in both Bankruptcy Court and Federal District Courts, and has succeeded, among other victories, both in removing state court lawsuits to Bankruptcy Court on bankruptcy “related to” grounds, for defendants, and in remanding previously-removed cases to state court, for plaintiffs.

Mr. Albert also has handled bankruptcy appeals to the district court, before the Bankruptcy Appellate Panel and the Ninth Circuit, for both appellants and respondents, achieving winning results both at the trial level and at the appellate level in complex bankruptcy litigation matters.

Examples of representative bankruptcy litigation matters that Mr. Albert has handled include the following:

Thomason Auto Group, LLC v. Mario H. Ferla et al.

Represented, as defense counsel, a group of former officers and directors of two bankrupt corporations in a RICO lawsuit brought a large institutional investor in the United States District Court for the District of New Jersey. Successfully moved to transfer the action to the United States Bankruptcy Court for the Central District of California on bankruptcy “related to” grounds, and obtained a nuisance value settlement, after filing a motion to dismiss the RICO claims, with no contribution by the defendants, but instead paid entirely by their Directors and Officers liability insurance carrier, together with a public recantation by the plaintiff of any wrongdoing by the defendants.

In re Chamco and ZXNA Bankruptcy Adversary Proceedings

Represented as both plaintiffs' counsel and as defense counsel former officers and directors of two Chapter 11 debtors, Chamco and ZXNA, in three state law adversary actions removed from the New Jersey Chancery Court to the United States Bankruptcy Court for the Central District of California. Successfully opposed remand and abstention under 28 U.S.C. §§ 1334 and 1452. Negotiated no-Dollar settlement with the Chapter 11 United States Trustee of all claims or potential claims that were or could have been asserted against the officers and directors.

As a result of several months of adversarial negotiations with a senior United States Trustee and his national counsel, motion practice, and evidentiary hearing in the United States Bankruptcy Court for the Central District of California, Mr. Albert obtained a full settlement and release of all claims by the debtor and the United States Trustee against the debtor's former officers and directors. Mr. Albert's clients paid no money to settle the case, which alleged over $100 million in damages, obtaining instead an evidentiary finding by the United States Trustee of the factual innocence of his clients.

SEC v. Diversified Lending Group, Inc., Applied Equities, et al.

Represented, as plaintiffs' counsel, project manager and mechanic's lien claimants in connection with major residential redevelopment project in Malibu subject a receivership action in the United States District Court arising from a ponzi scheme prosecuted by the SEC. Prepared and filed mechanic's liens and prosecuted them to a successful resolution. Negotiated favorable settlement with the Receiver and obtained approval of the Settlement by the United States District Court for the Central District of California.

In Re Enron Corp. Securities Litigation

Significant role in drafting of complaints by various insurance companies, pension funds, bond funds and fund managers against various Wall Street investment banks and their affiliates in connection with their sale of fraudulently-inflated Enron debt securities, equities and off-balance sheet debt instruments. Significant role in researching, analyzing and drafting remand motions in the various state actions removed to federal court by the investment bank defendants on ground of "related to" bankruptcy jurisdiction, resulting in favorable published opinions. E.g., Transamerica Fin. Life Ins. Co. v. Merrill Lynch & Co., 302 B.R. 620, 623 (S.D. Iowa 2003); AUSA Life Ins. Co. v. Citigroup, Inc., 293 B.R. 471 (N.D. Iowa, 2003); and Citigroup, Inc. v. Pac. Inv. Mgmt. Co. (In re Enron Corp.), 296 B.R. 505 (C.D. Cal. 2003).

China State Construction And Engineering Corp. Bankrupcy Litigation

Represented the largest Chinese state-owned construction and engineering corporation in post-trial adversary proceedings in federal court, regarding various construction defect claims and cross-claims arising from a large-scale engineering and development project. Successfully briefed and argued the appeal of a nationwide asset turn-over order by the Bankruptcy Judge. Achieved a favorable discounted settlement after arguing the appeal.

In re County of Orange/KPMG Bankruptcy Litigation

Primary responsibility for defense of KPMG Peat Marwick and its partners in several related state and federal lawsuits arising from the Orange County bankruptcy, seeking collectively more than $3 billion in damages from our clients. Took and defended dozens of key depositions, including the Managing Director of plaintiff Orange County Water District, key internal auditing and accounting professionals, and outside financial advisors. Prepared critical motions, including motions to transfer venue due to prejudicial post-trial publicity, and motions for summary judgment and summary adjudication, as well as important discovery motions. Assisted in defense of motion for proposed international defendant class action of KPMG partners worldwide. Achieved with team a favorable nationwide class settlement before trial.