Theodore A. Cohen is a special counsel in the Finance and Bankruptcy Practice Group in the firm’s Los Angeles office. Mr. Cohen specializes in creditors’ rights and focuses on lender, indenture trustee, and lessor representation in bankruptcies, loan and lease workouts, defaulted bond financings and secured transactions.
Mr. Cohen also represents distressed asset and stock buyers, sellers, and assignees in bankruptcy 363 sales, UCC foreclosure sales, real estate foreclosure sales, receiverships, and assignments for the benefit of creditors. Prior to joining the firm, Mr. Cohen was an associate at Levy, Small & Lallas and Pillsbury, Madison & Sutro.
Mr. Cohen’s experience includes workouts, asset sales, stock sales, loan sales, cash collateral issues, debtor-in-possession financing, relief from stay proceedings, plans of reorganization, preference and fraudulent transfer litigation, pre-bankruptcy counseling for debtors and creditors, reorganization issues, trust indenture enforcement, lease and contract assumption issues, and prejudgment remedies in state court, including writs of attachment, writs of possession, injunctions and receivers.
Mr. Cohen represented an aluminum and zinc alloy die caster in acquiring the assets of a competitor through an assignment for the benefit of creditors. While the sale closed immediately after the assignment, at the request of Mr. Cohen’s client, the assignee operated the business for a limited time period thereafter, which ensured a smooth transition and created additional value for the assignee and for Mr. Cohen’s client.
Mr. Cohen represented a publicly traded high-tech company in acquiring all of the assets of three distressed privately held corporations through an assignment for the benefit of creditors. Mr. Cohen’s client was the high bidder at an auction sale conducted by the assignee. Because the assets were in danger of losing their value or disappearing, it was imperative to close the sale quickly. The sale was completed one day after the assignment for the benefit of creditors.
Mr. Cohen represented a secured lender that successfully foreclosed on its collateral through a public sale under the Uniform Commercial Code. Mr. Cohen’s client became the owner of the foreclosed assets and successfully defended against a post-foreclosure lawsuit challenging the foreclosure because (i) the complaining party had received notice of the sale and failed to object or bid, and (ii) the amount of the secured lender’s debt was so large that there could be no argument that the value of the property exceeded the amount of the debt.
- J.D., University of California, Davis, 1990, Executive Editor, Law Review
- B.A., University of California, Los Angeles, 1987
- Los Angeles County
- Member, American Bankruptcy Institute
- Member, Los Angeles Bankruptcy Forum
- Member, Business Law Section of the California State Bar
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