Practice Areas

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Pre-Bankruptcy Business Workouts and Loan Restructuring

WCV has represented business and individual borrowers in single creditor workout plans, collective-multiple creditor workout plans, financial reporting, forbearance agreements and loan extensions, loan restructuring, and liquidation programs.  WCV has experience documenting loan forbearances and extensions, loan restructure agreements, mortgages and security instruments, intercreditor agreements, and subordination agreements.

WCV has provided representation to major constituencies including debtors in possession, trustees, unsecured creditor committees, secured creditors, trade creditors and other creditors, and bondholders in Hawaii’s largest business and individual bankruptcy cases including In re Liberty House, In re Hawaiian Airlines I, In re Aloha Airlines I, In re Crazy Shirts, Inc., In re Hawaiian Airlines II, In re Azabu Buildings Co., Ltd., In re Pomare (Hilo Hattie), In re Hawaiian Telcom, In re CHA Hawaii LLC, et al. (Hawaii Medical Center), In re Hawaii Medical Center (II), In re M Waikiki LLC, and In re 1250 Oceanside Partners.  WCV has also represented debtors-in-possession, trustees, unsecured creditor committees, unsecured creditors, secured creditors, and trade vendors in a broad variety of mid to small size business bankruptcy cases covering a broad range of business activities.

WCV has in-depth experience in the representation of individual debtors in complex Chapter 7 proceedings and in liquidating business assets.  WCV represented the Chapter 7 Trustee in the liquidation of Aloha Airlines.

WCV's practice includes representing parties in cross-border cases under Chapter 15.  WCV has represented a debtor in a Chapter 15 proceeding brought in the U.S. Bankruptcy Court for the District of Hawaii by a Japanese trustee against the debtor.

WCV has handled a wide variety of adversary proceedings & contested case matters before the United States Bankruptcy Court for the District of Hawaii and the United States District Court for the District of Hawaii including: claim allowance and objections, bankruptcy jurisdictional issues (removal/remand/abstention, withdrawal of reference, and transfer), automatic stay – relief from automatic stay and enforcement; avoidance and recovery actions (preferences, fraudulent transfers, setoffs, equitable subordination), nondischargeability and denial of discharge claims, and marshaling.  WCV has prosecuted and defended numerous adversary proceedings involving state law claims, challenging and defending secured and unsecured creditor claims, and challenging and defending administrative priority status.  WCV has served as special counsel in bankruptcy litigation matters.

WCV has represented both sellers and buyers of commercial and hotel real property and in the sale of businesses and business assets.  WCV has represented both sellers and purchasers in Section 363 sales of all or substantially all of the assets of various debtors.  WCV has experience in “distressed” asset acquisitions and claims trading procedures.

WCV’s litigation practice is focused on business and commercial litigation.  At WCV, you have attorneys concentrating on business and commercial law issues.  Our litigation practice is primarily focused in the below listed areas of law.  Please contact us if you have any questions about our Firm and the legal services we offer.