Daniel J. McCarthy • Partner

One California Plaza
300 South Grand Avenue, 37th Floor
Los Angeles, CA 90071

(213) 620-0460 [General]
(213) 624-4840 [Fax]  

Representative Matters

Bankruptcy Court Fraudulent Transfer Case

Took over the defense of a defendant group in a $40 million fraudulent transfer case in which the defendants were the subject of an onerous preliminary injunction issued by the Bankruptcy Court that was accompanied by very prejudicial findings against the defendants.  The case turned upon a complex accounting of monetary transfers.  In a complete turnaround, within a year, brought and obtained a summary judgment motion through which the clients completely prevailed in the case on all claims and the preliminary injunction was vacated.


Bankruptcy Improper Handling of Estate Assets

In a December 2007 opinion published by the Bankruptcy Court, which was affirmed by the District Court on appeal in 2009 and which is currently on appeal to the Ninth Circuit, obtained permission to sue a Chapter 11 trustee on behalf of a bankruptcy estate for the alleged improper handling of estate assets, which resulted in alleged losses that reduced the potential payout to creditors.


Debtor in Possession

Represented well-known celebrity client as a debtor-in-possession in his individual Chapter 11 case.  When that case and the companion case of his company were converted to Chapter 7,  acted as special litigation counsel in 2007 and 2008 to the court-appointed Chapter 7 trustees in connection with a claim based upon a $104,000,000 default judgment against the debtors. Result was Court-approved settlement of that claim that was very favorable to the Chapter 7 estates.


Real Estate Fraud Against Seller

Represented plaintiff in a 210-day jury trial of a real estate fraud action against the seller of the property.  That trial is believed to be one of the longest civil case trials in the history of the California court system.  The case was affirmed on appeal, after which a multi-million dollar settlement was promptly paid by the seller.


Real Property Fraudulent Transfers

In 2010, obtained a stipulated judgment and a related settlement secured by real property from a defendant and his family members, who had allegedly engaged in fraudulent transfers of the family’s four real properties to avoid payment of a $600,000 debt owed to the client.


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PRACTICE AREAS


EDUCATION

  • University of Michigan Law School - J.D. (1981)
  • Harvard University - A.B. (1978)