Best Restructuring & Insolvency Lawyers in San Francisco

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Cox Wootton Lerner Griffin Hansen & Poulos LLP
San Francisco, United States

Founded in 1997
24 people in their team
English
ValueOur San Francisco lawyers are experienced in handling a wide variety of cases, including complex, high-exposure, document-intensive litigation and transactions. It is in just such high-exposure, complex cases that we often are able to deliver legal expense savings to clients, since we have...
Wilmer Cutler Pickering Hale and Dorr LLP®
San Francisco, United States

Founded in 1994
1,000 people in their team
English
WilmerHale is a leading, full-service international law firm with 1,000 lawyers located throughout 13 offices in the United States, Europe and Asia. Our lawyers work at the intersection of government, technology and business, and we remain committed to our guiding principles of:providing...
Gordon Rees Scully Mansukhani, LLP.
San Francisco, United States

Founded in 1974
1,688 people in their team
English
As the only law firm with offices and attorneys in all 50 states, we deliver maximum value to our clients by combining the resources of a full-service national firm with the local knowledge of a regional firm. Featuring more than 1,000 lawyers nationwide, we provide comprehensive litigation and...
Greenberg Traurig, LLP.
San Francisco, United States

Founded in 1967
2,300 people in their team
English
Five decades ago, while at lunch in a South Florida deli, attorneys Larry J. Hoffman, Mel Greenberg, and Robert Traurig saw an opportunity to establish a new breed of law firm for South Florida; a firm that mirrored a New York style firm. In 1967, they founded the law firm Greenberg Traurig...
Tenant Law Group, PC
San Francisco, United States

Founded in 2016
English
Tenant Law Group, PC, based in California, is a leading law firm dedicated to representing residential and commercial tenants throughout the state. The firm’s legal team possesses extensive experience in handling a wide range of real estate and landlord-tenant matters, including wrongful...
Blacksburg Law
San Francisco, United States

English
Blacksburg Law, based in California, specializes in comprehensive estate planning and administration services. The firm focuses on creating personalized plans that address asset management, responsibilities, and legacy considerations. Their approach ensures that clients' wishes are clearly...
Trevor Caudle Law Practice
San Francisco, United States

Founded in 2004
English
Trevor Caudle Law Practice, located in San Francisco, California, specializes in trademark law, offering comprehensive services to protect clients' brand identities. Since 2004, the firm has successfully prosecuted trademark applications with the United States Patent and Trademark Office (USPTO),...
Goodrow Law Office
San Francisco, United States

English
Goodrow Law Office, based in San Francisco and Santa Barbara County, California, specializes in personal injury and civil litigation. Founded by attorney Russell Goodrow, the firm has over a decade of experience representing clients in cases involving car accidents, motorcycle crashes, slip and...
Jones Day
San Francisco, United States

Founded in 1893
2,500 people in their team
English
Jones Day has a history of more than 125 years and a culture of client service and professionalism based on explicit shared values. These values include providing pro bono legal services, building diversity in our profession, and supporting outreach efforts around the world.Jones Day has a long...
Fenwick & West LLP
San Francisco, United States

Founded in 1972
1,118 people in their team
English
Fenwick & West LLP provides comprehensive legal services to ground-breaking technology and life sciences companies - at every stage of their lifecycle - and the investors that partner with them. We craft innovative, cost-effective and practical solutions on issues ranging from venture capital,...
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About Restructuring & Insolvency Law in San Francisco, United States

Restructuring and insolvency law is a specialized practice area that addresses the financial distress of businesses and individuals. In San Francisco, this legal field guides companies, creditors, and debtors through restructuring debts, negotiating settlements, and, when necessary, entering formal insolvency proceedings such as bankruptcy. As a major financial center in California, San Francisco sees a wide range of restructuring cases, from tech startups seeking to reorganize their finances to long-standing companies facing economic challenges. The city’s legal practices must align with both federal laws, like the United States Bankruptcy Code, and California state regulations, making it important for those involved to understand the local legal landscape.

Why You May Need a Lawyer

Restructuring and insolvency matters can be complex and require careful navigation to avoid serious financial and legal consequences. Common situations where individuals or businesses may need legal help include:

  • Filing for bankruptcy under Chapter 7, Chapter 11, or Chapter 13
  • Negotiating with creditors to restructure debt
  • Facing foreclosure or repossession
  • Protecting assets from liquidation
  • Dealing with business insolvency and winding down operations
  • Defending against lawsuits or collection actions
  • Responding to involuntary bankruptcy petitions
  • Managing personal financial crises that threaten business interests
  • Complying with California and federal insolvency regulations
  • Understanding rights and obligations during insolvency

A knowledgeable lawyer can provide strategic guidance, ensure compliance with local laws, negotiate on your behalf, and represent you in court if necessary.

Local Laws Overview

San Francisco businesses and individuals must adhere to both federal and California state insolvency laws. Most bankruptcy cases, including reorganizations and liquidations, are governed by federal law - mainly the United States Bankruptcy Code - and are handled in the United States Bankruptcy Court for the Northern District of California, located in San Francisco.

California state law also plays a crucial role, especially in areas such as exemptions, creditor rights, and treatment of community property. Some key aspects include:

  • Bankruptcy exemptions: California offers its own set of exemptions that differ from those at the federal level. Individuals can choose between the two, depending on their circumstances.
  • Assignment for the benefit of creditors (ABC): California businesses may use this process as an alternative to bankruptcy, facilitating a more private resolution.
  • Foreclosure and eviction timelines: State laws dictate specific procedures and notice periods for these actions.
  • Small business restructuring: Newer laws allow qualifying small businesses to expedite bankruptcy under Subchapter V of Chapter 11.

It is important to consult with local counsel familiar with San Francisco-area courts and procedures to fully understand your rights and obligations.

Frequently Asked Questions

What is the difference between restructuring and insolvency?

Restructuring generally refers to reorganizing a company’s finances or operations to address financial distress and avoid insolvency. Insolvency means an inability to pay debts as they come due, which may lead to bankruptcy or other legal proceedings.

What types of bankruptcy are available in San Francisco?

The most common bankruptcy chapters are Chapter 7 (liquidation), Chapter 11 (business reorganization), and Chapter 13 (individual debt adjustment). Each chapter offers different processes and legal protections.

Can individuals and businesses both file for bankruptcy?

Yes. Both individuals and businesses can file for bankruptcy in San Francisco. The specific chapter and process depend on the nature and structure of the debts and assets involved.

Are there alternatives to bankruptcy for businesses in San Francisco?

Yes. Businesses may use out-of-court workouts, assignments for the benefit of creditors, or negotiate directly with creditors to restructure debts without filing for bankruptcy.

How do bankruptcy exemptions work in California?

Bankruptcy exemptions protect certain types of property from liquidation. California provides two sets of exemptions, and debtors must choose one. The right choice depends on the types of assets you own.

Will filing for bankruptcy stop creditors from contacting me?

Yes. Filing triggers an automatic stay that stops most collection actions, including calls, lawsuits, wage garnishments, and foreclosures, for the duration of the bankruptcy process.

What is an Assignment for the Benefit of Creditors (ABC)?

An ABC is a state-law process where a business assigns its assets to a third party for orderly liquidation, often resulting in higher returns to creditors than formal bankruptcy.

How long does a typical bankruptcy process take in San Francisco?

The timeframe varies. Simple Chapter 7 cases may close in four to six months, while more complex Chapter 11 reorganizations can take a year or more.

What impact does insolvency have on personal or business credit in California?

Filing for bankruptcy or experiencing business insolvency will negatively affect credit scores. The record may remain for up to ten years, but many recover and rebuild credit over time.

Do I need a lawyer to file for bankruptcy in San Francisco?

It is not legally required, but highly recommended. The process is complex, and an experienced lawyer can help protect your rights, maximize exemptions, and improve your chances of a favorable outcome.

Additional Resources

If you need more information or assistance, the following organizations may help:

  • United States Bankruptcy Court - Northern District of California (San Francisco Division)
  • California Department of Business Oversight
  • San Francisco Bar Association Lawyer Referral and Information Service
  • Legal Aid at Work (for low-income individuals)
  • Consumer Financial Protection Bureau (CFPB)
  • California State Bar Association

Next Steps

If you are facing financial difficulties or believe your business may be insolvent, it is important to act quickly. Start by gathering all relevant financial documents, including income, expenses, debts, and assets. Seek a consultation with a local lawyer specializing in restructuring and insolvency. An attorney can evaluate your unique situation, explain your legal options, and develop a strategy tailored to your goals. Remember, early legal advice can prevent mistakes and help protect your financial future.

Lawzana helps you find the best lawyers and law firms in San Francisco through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Restructuring & Insolvency, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in San Francisco, United States - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.