ST. JAMES LAW, P.C.

Michael St. James
 

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Representative Clients

SUCCESSFUL DEBTOR CASES

  • Successfully represented numerous "dot.coms" in work-outs, informal liquidations and bankruptcy cases.
  • Connolly Development, Inc. - Successful Chapter 11 case for shopping center developer. Negotiated and drafted Plan of Reorganization proposed jointly with Creditors Committee. Defeated opposition presented by various creditors/investors in specific developments.
  • Bijou, Inc.  - Successful Chapter 11 case for largest chain of live adult theaters in San Francisco. Resolved challenge from Labor Commissioner by converting lap dancers from independent contractors to employees during the course of the case. Negotiated, drafted and obtained confirmation of Plan of Reorganization based on future profits. Thereafter assisted debtor in successfully purchasing claims at a discount. Remaining claims received 100% payment.
  • Oh-la-la!, Inc. - Chain of espresso bars. Filed emergency Chapter 11 to effect a quick sale of the chain. Despite failure to pay rent during the first 50 days of the case, obtained landlord consents and effected a completely consensual sale.

SUCCESSFULLY LITIGATED CHAPTER 11 CASES

  • Ferrari of Los Gatos - Sold Ferrari dealership over the opposition of Ferrari North America, franchisor. Litigated three appeals to Ninth Circuit Court of Appeals.
  • Chatmar, Inc. - owner of Monterey Beach Hotel, Carmel Mission Inn and Concord Holiday Inn. Negotiated consensual Plan of Reorganization with all creditors except for mortgage holder and real property tax authority for Concord Holiday Inn. Successfully obtained "cram-down" confirmation after 5 day trial. Litigated appeals in two appellate courts.
  • Saratoga Garden - Cupertino apartment building. Effected condo conversion over mortgage holder's opposition after two day cram-down confirmation trial.

SUCCESSFUL "PRE-PACKED" CHAPTER 11 CASES

  • Sjoberg Industries - environmental products manufacturer. Proposed Plan of Reorganization and  obtained confirmation over opposition at one day trial. First client meeting to confirmation order within 3 months.
  • 8 Highmith - syndicated real estate partnerships. Proposed Plans of Reorganization which restructured investor debt and equity. Convened investor meetings to present the Plans. Obtained consensual confirmation within 40 to 160 days (depending on treatment of first mortgages).

BUYERS

  • Mainland Marketing  Represented the successful buyer of the Half Moon Bay retail outlet of Briggs & Riley luggage.
  • Consolidated Medical Care, Inc.  Represented the successful buyer of intellectual property for the medical industry from a bankruptcy case.
  • Represented buyers of collocation facilities in telecommunications insolvencies and bankruptcies.
  • NUKO, Inc. Represented purchaser of substantially all assets of video over broadband company. Successfully represented buyer in subsequent litigation with bankruptcy estate; obtained 75% discount on purchase price.

OWNERS

  • Represented the Alaska office of Laventhol & Horwath in connection with efforts by the Debtor to collect upon partnership claims.
  • Represented principal shareholder/landlord of publicly traded debtor in litigation with reorganization trustee.
  • Represented former CFO in high tech bankruptcy case in efforts to collect upon his severance claim and defend against challenges.
  • Represented sole shareholder of corporation which held 30+% of portions of the consumer light fixture market in unsuccessful corporate work-out and ensuing Chapter 11 case.
  • Represented owner of significant Southern California Appliance retailer in connection with corporate insolvency, involuntary bankruptcy and subsequent corporate bankruptcy proceedings.

LANDLORDS

  • Represented numerous landlords respecting millions of square feet in various bankruptcy cases.

CREDITORS COMMITTEE

  • American Basketball League - The first and best women's professional basketball league. Negotiated and drafted successful Plan of Reorganization, proposed jointly with debtor.
  • Arachnid, Inc., dba The San Francisco Spiders, International Hockey League Team - Negotiated and drafted successful Plan of Reorganization, proposed jointly with debtor.

CREDITORS

  • Represent substantial fulfillment house in dealings with insolvent/Chapter 11 software and hardware customers.
  • Represented principal secured creditor of the Eastmont Mall, Oakland in successful efforts to foreclose.
  • Represented principal secured creditor of Samos Greek Restaurant, Pier 33 on the Embarcadero in San Francisco, in efforts to foreclose its mechanics lien and thereafter sell the restaurant (currently operating as "Lapis").
  • Represented junior secured creditor in Riverside golf course/housing development in successful three-way negotiations with senior lender and debtor to effect reorganization.

EXPERT WITNESS

  • Mr. St. James was the plaintiff's expert witness in Damir v. Citicorp, a lender liability suit regarding the Old Oakland project, which resulted in a judgment for $41.8 million and a punitive damage finding, both of which were unprecedented in commercial litigation against a bank in California.

  • Mr. St. James was the defendant's expert witness in a legal malpractice suit regarding bankruptcy tax issues.  Mr. St. James' testimony was described by jurors after the trial as key to the defense verdict.
     

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