Ivan M. Gold

Landlord-Tenant and Bankruptcy

• In re Cable & Wireless USA, U.S. Bankruptcy Court, District of Delaware. Represented landlords of internet data center facilities in Chapter 11 bankruptcy. Following rejection of one of the leases, negotiated settlement with purchaser of assets, resulting in removal of equipment and underground storage tanks on property.  Without filing litigation, obtained multi-million-dollar settlement of guaranty of building restoration obligations given by debtor's corporate parent.
• In re Chevys, U.S. Bankruptcy Court, Northern District of California. Represented landlords throughout the United States in Chapter 11 of well-known restaurant chain, including active participation in plan and disclosure statement process to address and resolve landlord issues. Obtained significant credit enhancements for clients in connection with lease assignments and favorably resolved disputed claims.
• In re Circuit City Stores, Inc., U.S. Bankruptcy Court, Eastern District of Virginia. Represented shopping center landlords of national electronics retailer in Chapter 11 bankruptcy. Negotiated plan provisions that resulted in enhanced claims recoveries for landlords with lease guaranties from affiliated debtor.
• In re Gadzooks, U.S. Bankruptcy Court, Northern District of Texas. Represented shopping center landlords in Chapter 11 bankruptcy of fashion retailer, including contested lease assignments.
• In re Sports Authority, Inc., U.S. Bankruptcy Court, District of Delaware. Represent shopping center landlords throughout the United States in Chapter 11 bankruptcy of national sporting goods retailer. Assisted several clients with assignments of former Sports Authority leases to Dick's Sporting Goods and Bed Bath & Beyond.
• In re New Gourmet Deli LLC, S. Bankruptcy Court, District of Mississippi. Represented shopping center landlord in Chapter 11 bankruptcy of franchisee of McAllister's Deli restaurants throughout Southeastern United States. Prevailed in contested evidentiary hearing seeking assumption of lease of desirable "center court" location at upscale super-regional mall, recovering possession of premises for landlord.
• Andrews Griffin Capital Securities, FINRA Arbitration Panel. Represented affiliate of sponsor of tenant-in-common investment in headquarters office complex in suburban Chicago in Financial Industry Regulatory Authority arbitration proceeding. Claims against client included allegations of fraud and violations of securities laws, with focus on the impact of Chapter 11 bankruptcy of the single tenant following claimants' investment.  Following multi-day contested arbitration hearing, obtained defense award.
• In re Illuminations.com, U.S. Bankruptcy Court, Central District of California. Represented shopping center landlords in Chapter 11 bankruptcy. Prevailed in contested evidentiary hearing regarding assignment of leases, obtaining court-ordered security deposits to secure assignee's future performance and award of attorneys' fees.
• In re Skin Nuvo International, U.S. Bankruptcy Court, District of Nevada. Represented multiple shopping center landlords in Chapter 11 bankruptcy. Negotiated significant credit enhancements in connection with assignment of leases to purchaser of debtor's assets.  Structured settlement of mechanics' lien claim among landlord, debtor-tenant, purchaser and contractor.
• Fallbrook Square Partners v. Don Ricardo's Restaurants, Los Angeles Superior Court. Represented shopping center landlord in an eviction action against a restaurant tenant. Following tenant's closure and transfer of assets to affiliated corporation, obtained appointment of a receiver to sell four of tenant’s liquor licenses in satisfaction of judgment, some of which were being used by the other entity.  Prosecuted an action for alter ego liability and recovery of fraudulent conveyances against tenant and its affiliate, as well as their principal, an individual who had not previously guaranteed any obligations.  Following a mediation, landlord received substantial settlement from principal.
• Lynk Systems McCormick, Orange County Superior Court. Represented plaintiff in action to enforce guaranties of multiple subleases throughout United States. Action resulted in seven-figure settlement on eve of trial.
• City of Laguna Woods v. Raintree Realty, LLC, Orange County Superior Court. Represented shopping center owner in condemnation of portion of community shopping center for use as city hall that was previously leased by city.  One of two trial counsel for condemnee in jury trial, responsible for motions in limine, retention and preparation of expert witnesses, and examination of opposing expert witness.  Jury returned multi-million-dollar verdict in favor of client, awarding all compensation sought by property owner in an amount significantly higher than city's pre-trial offers.  Following denial of the city's motion for new trial, property owner awarded over  over $800,000 in litigation expenses.