Bankruptcy Litigation

America’s Servicing Co. v. Schwartz-Tallard (In re Schwartz-Tallard) [Read more here]
Mr. Geyser served as lead appellate counsel for the National Association of Consumer Bankruptcy Attorneys (NACBA) in this major case regarding attorney’s fees under the Bankruptcy Code. In adopting Mr. Geyser’s position (and citing his brief), the Ninth Circuit agreed (10-1) to overrule one of its past decisions, eliminate a circuit split, and restore the Code’s protections for thousands of debtors. Mr. Geyser briefed and argued the matter before the en banc Court. (Ninth Circuit Opinion | Oral Argument Video [Mr. Geyser’s presentation begins at 35:55])

In re Wilshire Courtyard
Mr. Geyser developed the legal theories and handled the briefing in this complex bankruptcy dispute. California sought nearly $20 million in purported tax liability arising from a Chapter 11 plan for two commercial office buildings. The case presented cutting-edge issues involving federal preemption, state taxes, and bankruptcy jurisdiction. Mr. Geyser obtained a reversal in the Ninth Circuit of the Bankruptcy Appellate Panel (BAP), and then obtained a complete victory on remand before the BAP. Mr. Geyser’s work eliminated the entirety of the purported tax liability for his clients. (Ninth Circuit Opinion | Our Opening Brief | Our Reply)

Southwest Securities, FSB v. Segner
Mr. Geyser and the firm were retained to seek U.S. Supreme Court review in this exceptionally important bankruptcy appeal. The case asks who bears the cost of ordinary maintenance on secured property during the pendency of a bankruptcy case—the estate or the secured lender? This question has squarely divided the federal courts of appeals, and it arises in virtually every major bankruptcy. Mr. Geyser is counsel of record on the petition asking the U.S. Supreme Court to review this important question. (Petition | Petition Reply)