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Tracy Green

Tracy represents clients in all aspects of their dealings with financially troubled companies. She
is known for guiding clients through complex problems and trying circumstances to find
practical and efficient solutions. She has written and presented extensively on insolvency and
bankruptcy issues, is an active leader in professional associations, and is regularly recognized
for exceptional performance by peers and legal publications.

Tracy represents debtors, creditors’ committees, creditors, and trustees in connection with
Chapter 11 reorganizations and liquidations, out-of-court workouts, buying and selling assets,
assignments for the benefit of creditors, avoidance actions (fraudulent conveyances,
preferences, and equitable subordination) and Chapter 7 liquidations.

In addition to traditional industries ranging from manufacturing to professional services, Tracy is
experienced representing distressed companies in or associated with emerging markets,
including the cannabis industry and green business, assisting with workouts and bankruptcy
alternatives.

Tracy represents parties in commercial disputes and secured transactions. She also serves as a
mediator and has successfully mediated many disputes involving intellectual property, real
estate, estate distributions, partnership dissolutions, and commercial disputes.
Tracy served as a judicial extern to the Honorable Stanley Mosk, of the California Supreme
Court.

Education

  • J.D., University of San Francisco School of Law
  • B.A., University of San Francisco, Santa Cruz

AREAS OF PRACTICE

One of the largest and most active bankruptcy and creditors’ rights legal practices in the Southwest and California, representing clients locally, regionally, and nationally.

Our business and finance attorneys represent national, regional and local clients participating in significant transactions.

Experienced, forward-thinking advocates who go beyond the expected for clients in dispute prevention and resolution.

Our real estate practice is one of the largest in the American West, including Arizona, California, Colorado and Nevada with expertise in all aspects of the real estate development process, from due diligence, acquisition and finance, through land use permitting and entitlements, to leasing and sale.

OTHER EXPERIENCE

  • Cannabis
  • Public Agency

REPRESENTATIVE CASES

Chapter 11 Bankruptcy Cases
Tracy has represented many distressed businesses in chapter 11. Below are representative
examples of the types of cases she has handled.

Debtor Representation

  • Represented cutting-edge plastic recycling company to restructure debt and obtain
    additional investment to allow company to continue to develop new technology
  • Represented well-known entertainer in chapter 11 bankruptcy case involving many
    creditors and copyright disputes
  • Represented a chain restaurant with 8 locations liquidate the locations as ongoing
    concerns to different groups of buyers
  • Represented boutique hotels in reorganizations wherein secured creditors debts were
    restructured
  • Represented individuals that owned car washes and gas stations in chapter 11
    restructuring secured debt
  • Represented many real estate developers restructure debt and complete projects and
    solicit additional investors
  • Represented retail tenants with over 40 leased locations

Creditor Representation

  • Represented secured creditors in contentious chapter 11 cases involving security in
    agriculture, real estate, restaurants, intellectual property, research and development.
  • Represented landlords in bankruptcy cases involving restaurants, manufacturing, retail
    operations, research and development facilities involving clean rooms.
  • Individual high stake holders in chapter 11’s that were unsecured or the security had
    little value, and cases where debtors failed to disclose assets

Parties Purchasing Assets From Bankruptcy Courts

  • Represented parties purchasing real estate from the debtor or trustee in competitive
    bidding situations
  • Represented parties purchasing ongoing businesses, or select assets

Creditors’ Committee
Represented the Official Unsecured Creditors’ Committee in chapter 11 cases and formal out
of court workouts in the following industries: commercial printing, one of the largest concert
promoters in the country, developer of online travel software and techniques used today by
many online companies, medical devices, custom and prefab construction pieces for
bathrooms and kitchens. Represented equity committee in large restaurant chain and
franchise operation. Represented creditors in a large financial scandal involving 2000
investors.

Bankruptcy Alternatives

  • Structured Workouts: Represented all sides at differing times in formal out of court
    workouts with structured facilitator.
  • Assignments for the Benefit of Creditors: Represented parties in assignments for the
    benefit of creditors wherein ongoing businesses were sold or liquidated expeditiously for
    the benefit of creditors. Represented the assignee in carrying out its fiduciary duty and
    the company assignor in preparing for the assignment and marketing and selling assets
    in many industries including metal office furniture manufacturing, online cosmetic
    company, incubator company, online retail seller, online political web site and online
    car dealer.
  • Informal Workouts: Represented parties in one-on-one out of court workouts or other
    informal resolutions. Negotiated workouts with lenders and landlords.

Chapter 7 Liquidation
Represented many companies from many types of industries in analyzing and determining
whether complete liquidation is necessary. Representative clients include a custom frame
shop, formerly high net worth real estate developer with multiple ongoing projects, children’s
clothing manufacturers, well known folk record recording company, and a research and
development company with ongoing medical testing in operation or just closed down.

Trustees
Has represented many chapter 7 panel trustees in liquidating assets of the estate, resolving
disputes, and reviewing and objecting to claims for the benefit of the creditors. In this
capacity, filed preference and fraudulent conveyance cases.

Litigation
In addition to the foregoing insolvency work, Tracy has represented secured creditors in
commercial disputes, partners in litigation that resulted in the bankruptcy case of one of the
partners, real estate limited liability companies in disputes with secured creditors outside of
bankruptcy. She has also defended parties to preference and fraudulent conveyance
avoidance actions, as well as in real estate disputes in bankruptcy cases.

AWARDS AND HONORS

  • San Francisco Business Times, Most Influential Women in Business, 2021
  • Northern California Super Lawyers®, 2010-2021
  • Northern California Super Lawyers®, Top Women Attorneys, 2012-2021
  • Best Lawyers in America®, 2018-2022
  • AV® Preeminent™ Peer Review Rated (the highest rating available), by Martindale-Hubbell

ARTICLES AND PRESENTATIONS

• Author, “What to Expect if PG&E Files Bankruptcy,” Wendel Client Alert, Winter 2019

PROFESSIONAL AND COMMUNITY ACTIVITIES

  • Member, Bankruptcy Dispute Resolution Panel
  • President, California Bankruptcy Forum
  • Vice-President, California Bankruptcy Forum
  • Secretary, California Bankruptcy Forum
  • Treasurer, California Bankruptcy Forum
  • Board Member, California Bankruptcy Forum
  • Board Member, Bay Area Bankruptcy Forum
  • President, Bay Area Bankruptcy Forum
  • Vice-President, Bay Area Bankruptcy Forum
  • Secretary, Bay Area Bankruptcy Forum
  • Treasurer, Bay Area Bankruptcy Forum
  • Member, Executive Committee, Alternative Dispute Resolution, Alameda County Bar
    Association
  • Board Member and Chair, Commercial Law Section, Alameda County Bar Association
  • Former Chair, Bench Bar Liaison Committee, United States Bankruptcy Court, Northern
    District of California
  • Member, Commercial Law Section, Bar Association of San Francisco
  • Member, Turnaround Management Association

Admissions

  • California
  • All United States District Courts in California
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Supreme Court
  • Admitted Pro Hac Vice in many bankruptcy courts around the country, including
    Oregon, Washington, Texas and Delaware