Case Studies

Debtor-Creditor Disputes

  • Mediated fair debt collection practices claims under federal and state law.
  • Arbitrated a fee dispute between a law firm and a former client over unpaid legal fees on several litigation matters.
  • Mediated a series of collection claims by a printing company against 5 related newspapers for unpaid printing invoices. The defendants cross claimed for breach of contract, fraud and concealment.
  • Mediated contract action by a contractor seeking final payment on construction work from owner-operators on a limited liability company on an alter ego theory of liability.
  • Mediated commercial lessor claim against Director and owner of a commercial lessee for unpaid back rent prior to unlawful detainer action and voluntary termination of premises, and for balance of rent over the term of the lease, on an alter ego theory because the corporate tenant had entered bankruptcy.
  • Mediated matter where tax accountant sued former client for allegedly unpaid fees and former client alleged irregularities in the billing statements including the method of billing and application of payments to bills.
  • Mediated matter where produce wholesaler sued two restaurants and their owner for failure to pay bills, resulting in breach of contract and account stated claim.
  • Mediated a matter where employer sued office bookkeeper for embezzlement and failure to pay off a loan from her employer on a company automobile she purchased.
  • Mediated a debtor-creditor action for breach of contract and written guaranty on repayment of a master revolving note plus default interest and attorney’s fees.
  • Mediated a debtor-creditor collection action by attorney for unpaid fees in a preliminary injunction proceeding.
  • 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.

Scheduling Inquiries

For scheduling inquiries, please call (650) 351-2321 or complete the contact form on this page. Frank Burke conducts mediations and arbitrations in San Francisco, Oakland, Silicon Valley, and throughout California.

Call (650) 351-2321

Complete This Form


201 Spear Street, Suite 1100
San Francisco, CA 94105

© Frank Burke Mediation and Arbitration P.C.
Attorney Advertising. Prior results do not guarantee a similar outcome.

Website by Dan Gilroy Design

(650) 351-2321