Practice Areas

Marshack Hays LLP practices in federal and state courts, including appellate litigation at every level, as well as administrative proceedings. Our practice areas include, but are not limited to: bankruptcy litigation, bankruptcy reorganization, bankruptcy liquidation; creditors’ rights within and outside the bankruptcy context; business transactional and litigation, including contract negotiation; municipal bankruptcy proceedings; lender liability and fraud; and real estate and construction defect litigation.

Practice areas offered by Marshack Hays LLP include:

Bankruptcy Liquidation and Reorganization

No person or organization wants to be unable to meet its financial obligations, but bankruptcy can sometimes be the best way to eliminate, minimize, or organize overwhelming debt while returning to financial stability or maintaining normal business operations. Liquidation through Chapter 7 or reorganization through Chapter 11 can offer an individual a “fresh start” or can give a going concern the breathing room it needs to gets its financial affairs in order. Our attorneys have a combined bankruptcy experience of over 75 years, and we can help you assess whether bankruptcy is your best option or whether some other form of debt reorganization or financial work-out would be preferable.

When bankruptcy appears to be the best course of action for you or your company, experienced legal representation is a must from the very beginning of the process. Marshack Hays takes a comprehensive approach to bankruptcy preparation, filing, and litigation, including assessing assets and liabilities, analyzing risks to discharge, determining the best type of bankruptcy proceedings for your situation, and strategizing and navigating the complex liquidation or reorganization process.

Fraud and Lender Liability

A loan contract or agreement carries responsibility on the part of the creditor and the debtor. While borrowers are obligated to repay the debt according to the appropriate terms, lenders are also responsible for acting honestly and in good faith. When this does not occur, fraud and lender liability lawsuits can be the result. Marshack Hays has an experienced team to represent financial institutions, lenders, and government entities in the event of a lending dispute, achieving significant recovery from third party borrowers, real estate appraisers and mortgage brokers. The Firm also has extensive experience negotiating with lenders and secured creditors in Chapter 11 bankruptcy proceedings to maximize the ability of debtors-in-possession to cure defaults, adjust interest rates, reduce security interests, and reorganize secured debt.

Real Estate Litigation

Real estate litigation is a complex area of law that involves a myriad of property disputes. The attorneys of Marshack Hays have experience working on all sides of these disagreements, representing investors, developers, property owners, borrowers and tenants. The Firm has experience in landlord-tenant disputes, construction defect, and real estate contract negotiation, among other property-related disputes. No matter how complex your needs might be, our experienced team is prepared to provide you with top-quality representation to limit your losses and resolve your dispute fairly and expeditiously.

At Marshack Hays, we work with a wide range of real estate litigation, including the following issues:

  • Breach of construction contracts or construction defects
  • Default on the provisions of a lease
  • Disputes involving property boundaries
  • Disagreements over insurance liability claims
  • Foreclosure and lender liability
  • Breach of real estate contracts
  • Valuation of commercial property
  • Real estate fraud and professional malpractice
  • Municipal code and zoning compliance

Chapter 9 Representation

Chapter 9 bankruptcy proceedings are reserved for municipalities that become financially stressed to the point they can no longer keep up with their debts. There are many types of municipalities that might qualify for Chapter 9, including cities, townships, counties, and school districts. Chapter 9 is a complex and contentious legal process that requires experienced legal representation. The attorneys of Marshack Hays have experience representing California political and municipal entities, professional organizations, and pensions in Chapter 9 proceedings.

Creditors’ Rights

We assist a wide variety of clients in enforcing or preserving financial rights, within and outside of the bankruptcy context. Contractual or judgment creditors, lienholders, domestic and child support recipients, and financial institutions are often in a unique position to influence the outcome of negotiations or litigation regarding financial obligations. The attorneys at Marshack Hays have wide experience in representing creditors’ rights, including breach of contract, judgment preservation, non-dischargeability actions in bankruptcy, and out-of-court workouts of financial settlements.

Business Litigation

Business litigation encompasses disputes between businesses and other entities, including individuals, government agencies, and other businesses, and can involve everything from contract negotiation and documentation to complex litigation. We practice in a wide range of business litigation areas, including partnership and insurance disputes, breach of fiduciary duty, contract disputes, code and zoning compliance, and bankruptcy proceedings. Some of the issues that can lead to the need for business litigation include:

  • Partnership or insurance disputes
  • Bankruptcy proceedings
  • Breach of fiduciary duty
  • Breach of contract
  • Malpractice and personal injury
  • Disputes over intellectual property
  • Breach of privacy or security
  • Regulatory investigations and disputes
  • Finance and investment concerns

Although resolution of disagreements without legal action is always preferable, it is not always possible. Like individuals, businesses need to have their interests adequately represented in the case of any type of dispute. Because the field of business litigation is broad, it is important to choose attorneys for these matters that are trained and highly skilled in the area of business and corporate law. Our attorneys can help you assess the claims and defenses arising in your particular circumstances, decide whether to commence or how to defense litigation of such issues, form a litigation strategy, and represent your interests in state, federal, or administrative proceedings.

Our team is focused on results from the very beginning of the legal process, which means we carefully evaluate all aspects of your case, review potential exposure and litigation costs and work with you to develop a clear legal strategy. You will understand the objectives of your case so that you can make intelligent and well-informed decisions throughout the litigation process.