Anthony J. Napolitano represents financial institutions, creditor committees, debtors, lessors and unsecured creditors in various aspects of corporate restructuring, finance, distressed M&A, and litigation matters. Mr. Napolitano has provided legal counsel to executive and senior management and in-house counsel in the following industries: commercial real estate, retail, financial services, manufacturing, technology, energy, hospitality, and transportation.

As an attorney and a Certified Public Accountant, Mr. Napolitano has a broad understanding of not just the legal issues related to corporate restructuring, finance, M&A, and litigation, but also the financial and operational issues facing his clients. Moreover, as a restructuring attorney Mr. Napolitano is accustomed to dealing with crisis situations involving little or no notice and implementing quick solutions to address those challenges.

Corporate Restructuring & Insolvency

Representation of Financial Institutions

  • Government Sponsored Entity as secured lender in over 35 restructuring and insolvency matters totaling over $100 million involving its multifamily housing portfolio in California & Nevada.
  • California bank as secured lender in over 25 matters in various insolvency cases involving real estate development, multifamily housing, operating companies, and a church.
  • Hedge fund as lender to the debtor in the Advantage Rent-a-Car chapter 11 bankruptcy case resulting in sale of all assets to The Hertz Corporation.
  • Mezzanine lender in chapter 11 case of regional grocery chain involving over 50 locations resulting a confirmed plan of reorganization. (In re C&K Markets, Inc.)
  • Syndicate lender and agent of pre-petition facility in chapter 11 case of provider of technology company focused on commercial testing equipment. (In re Telogy, Inc.)

Representation of Corporate Debtors

  • Four affiliated entities in chapter 11 cases involving over $180 million in debt secured by nine multifamily complexes in Texas, Florida, and South Carolina. (In re GTS Property Portfolios, LLC)
  • National wholesale importer of food and consumer products in pre-bankruptcy workout.
  • Regional 140,000 square foot mall in chapter 11 case. (In re Golden State Mall, LLC)

Representation of Creditor and Equity Committees

  • Committee of equity holders representing $55 million in claims in real estate Ponzi scheme. (In re Real Estate Partners, Inc. and seven affiliated cases)
  • Committee of unsecured creditors in real estate development bankruptcy involving over twenty commercial and multi-family residential projects. (In re Catlin)

Representation of Bond Trustees

  • Indenture trustee of bonds secured by a 1,300 acre, Madera County, $100 million real estate development in state court and bankruptcy court matters. (In re Property Development Group)
  • Indenture trustee of secured bonds in a chapter 11 case of charter schools. (In re Omega Academy, Inc. & In re Desert Technology, Inc.)

Corporate Finance & Distressed M&A

M&A and Corporate Transactions

  • Energy company in proceedings before California State Lands Commission in connection with pre-bankruptcy acquisition of oil and gas assets from the debtor. (In re Calpine Corp.)
  • Private equity fund in acquisition of assets of automotive parts manufacturer. (In re Delphi Corp.)
  • Lender in financing the acquisition of coal mines in a section 363 sale. (In re Bowie Resources, Ltd.)
  • Financial institution involved in the acquisition of account receivable pools. (In re Friedman’s Inc.; In re Weld Wheel Industries, Inc.; In re Brook Mays Music Co.)
  • Provided true sale opinions for financial institution with respect to various transactions.

Corporate Finance

  • Lender of pre-petition and post-petition lending facility in the restructuring of a Sonoma, California winery. (In re DeLoach Vineyards, Inc.)
  • Lender of post-petition and exit financing facilities in the restructuring of a health food company. (In re Gardenburger, Inc.)
  • Lender of post-petition and exit financing facilities in the restructuring of a national candy manufacturer. (In re Innovative Candy Concepts, Inc.)

Commercial Real Estate

  • Real estate investment funds and other entities as lessors in lease restructurings. (Wickes Furniture, Levitz Furniture, Orchard Supply Hardware, & Hometown Buffet)
  • Represent lenders in documentation and restructuring of lending facilities secured by commercial real estate projects.

General Litigation

  • Financial institution as syndicate agent for $2.2 billion secured lending facility in fraudulent transfer litigation arising out of the Adelphia bankruptcy case.
  • Real estate investment fund as owner in construction defect litigation for 250,000 sq. ft. mall (CLPF West Hollywood, L.P. v. Swinerton Builders, et al.).
  • Global consumer electronics company in over 15 patent prosecution actions. (In re KM Digital, Inc.; In re Cyberhome, Inc.; In re Power Media, Inc.)
  • Developed standardized licensing agreements and settlement forms for global consumer electronics company for its patent license program.
  • National test preparation provider in antitrust litigation brought by chapter 7 trustee. (In re Mark’s CPA Review Course, Inc.)

Appellate

  • Briefed and argued immigration appeal in United States Court of Appeals for the Ninth Circuit. (Herrera v. Gonzales)
  • Briefed and argued various appeals in the Bankruptcy Appellate Panel for the U.S. Court of Appeals for the Ninth Circuit. (In re Fawn Ridge, L.P. & In re Bay Vista Apartments, LLC)

Pro Bono

  • Represented twenty indigent families in adoption cases for the Alliance for Children’s Rights.
  • Represented taxpayer before the IRS and Franchise Tax Board in disputed tax assessment.

Reported Decisions

Mr. Napolitano graduated in 2003 from Loyola Law School in the Top 10% of his class and was awarded the Order of the Coif honors at graduation. Mr. Napolitano graduated in 1997 from Loyola Marymount University with a Bachelor of Science degree in Accounting and a Bachelor of Science degree in Economics. He is also a Certified Public Accountant.

  • United States Supreme Court
  •  United States Court of Appeals for the Ninth Circuit
  •  United States District Court, Central District of California
  •  United States District Court, Eastern District of California
  •  United States District Court, Northern District of California
  •  United States District Court, Southern District of California
  •  United States District Court, Western District of Wisconsin
  •  United States District Court, District of Colorado
  • Board of Regents, Loyola Marymount University (Member, 2024 – Present)
  • Board of Governors, Loyola Law School (President, 2011; Member, 2006 – Present)
  • Board of Directors, Loyola Marymount University (President, 2010-12; Member, 2006-12)
  • Board of Directors, Los Angeles Bankruptcy Forum (Member, 2006-10, 2014-18, and 2022-Present)

Additional Specialties

Workouts and Restructuring