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Prior results do not guarantee a similar outcome.

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Tel. (415) 772-0900
Cell: (650) 804-8300
Fburke@adrservices.com

Debtor-Creditor Disputes

  • Mediated creditor claims by a brother for damages and a judgment lien against a revocable trust and the estate of his sister based on failure to pay balloon payment on sale of real estate.
     

  • Mediated collection action based on payment agreement by employee who had embezzled $175,000.
     

  • Mediated breach of contract arising from plaintiffs’ loan to defendant of approximately $300,000 to fund two investment opportunities which were unsuccessful and caused the loan to go into default with principal and interest due.
     

  • Mediated breach of contract and guaranty claims by a trade vendor against guarantor arising from publishing services.
     

  • Mediated a breach of contract vendor claim involving drone optical device components, prejudgment interest and attorneys’ fees.
     

  • Mediated negligent misrepresentation claim by contractor/owner against a subcontractor for specialized stucco work at a fixed price. Subcontractor abandoned the project forcing the plaintiff to retain a third party to install inferior stucco at a higher price.
     

  • Handled a matter where a mezzanine lender brought a real estate finance enforcement action against a real estate land developer and its managing members for breach of contract on loans and guaranties, as well as tort claims, and the developers counterclaimed alleging lender liability and oral agreements extending and modifying the loans.
     

  • Handled a complex adversary proceeding, arising in a bankruptcy of an international construction company, between secured and unsecured creditors and surety companies, involving issues relating to the priority of a DIP loan, equitable subordination, accountings, restitution, breach of trust, constructive trust and equitable lien claims.
     

  • Handled a matter where a secured creditor was attempting to recover $60 million of mortgage-backed securities owned by a bankruptcy debtor, a real estate investment trust.
     

  • Mediated an investment dispute where plaintiff alleges that Defendants were the agents of a promoter, convicted later, who breached contracts and defrauded plaintiffs into making loans to him, allegedly secured by automobile titles, when in fact they were not and the funds were thereafter stolen.
     

  • Mediated a creditor’s action against a subchapter S corporation to hold it liable for judgment against sole stockholder.