RELEVANT EXPERIENCE
Bernie Kornberg’s areas of expertise include:
- Commercial Litigation
- Insolvency and Bankruptcy
- Lender Liability Defense
- Commercial Workouts
- Real Property Litigation
- Appeals
- Mortgage Banking
- Regulatory Compliance and Enforcement Actions
- Commercial Finance & Secured Transactions
REPRESENTATIVE MATTERS
- Prevailing attorney of record in the published appellate opinions of In re Turner, 859 F.3d 1145 (9th Cir. 2017) (denying the standing of a third-party to challenge a loan sale), Opperwall v. Bank of Am., N.A., 561 B.R. 775 (N.D. Cal. 2016) (deciding the res judicata effect of a confirmed plan), and In re Goldstein, 526 B.R. 13 (B.A.P. 9th Cir. 2015) (determining when claims vest as property of the bankruptcy estate).
- Represent prominent SBA lender in all California default matters and litigation. Handle matters including replevin and sale of collateral, collection of guarantees, and workout of defaulted loans. Defend lender in litigated matters regarding allegations of defects in the origination or servicing of loans.
- Currently representing foreign licensor of intellectual property in prominent Silicon Valley Chapter 11 bankruptcy case and post-bankruptcy matters. Representation involves defense of license within bankruptcy case and ancillary litigation, negotiation with debtor and creditor committee regarding resolution of disputes, and potential purchase of estate assets by licensor.
- Advising San Francisco based real estate developer in near nine figure purchase of New York residential hotel in bankruptcy case venued in the Southern District of New York.
- Defended inter-lender litigation alleging that lender induced borrower to breach loan agreement with prior lender. Matter settled on nearly identical and favorable terms that were offered by lender client before litigation began.
- Represented landlord against lessee and foreign guarantor regarding breach of commercial lease. Secured writ of attachment on guarantor’s real property after guarantor left country and put property on the market. Attachment lien resulted in settlement of lawsuit on highly favorable terms to landlord, rather than the near total loss expected when the matter was initially referred.
- Represented equipment leasing company in claims for negligence arising out of construction accident. Settled at mediation with a complete dismissal of claims against client and reimbursement of 90% of expended attorneys’ fees and costs.
- Defended lender in lawsuit alleging that collateral assignment of key man life insurance policy was void. Policy was sole collateral for otherwise uncollectible five million dollar loan. Case ultimately settled with full payment of the policy and complete satisfaction of the loan.
- Successfully defended a national bank against lawsuit alleging that bank aided and abetted controlling owner of corporation in perpetuating a Ponzi scheme. Prevailed on the dual grounds that plaintiff failed to show actual knowledge and that the suit was barred due to the owner’s illegal acts by the doctrine of in pari delicto.
