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.
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Anthony J. Napolitano Appointed to the Loyola Marymount University Board of Regents
Firm News
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Shareholder Anthony J. Napolitano was recently appointed to the Loyola Marymount University Board of Regents. These new members will guide the university through the boldest […]
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15
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Buchalter Elevates Eleven Attorneys to Shareholder
Firm News
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14 October, 2024 – Buchalter is pleased to announce the promotion to Shareholder of eleven attorneys from five offices and eight practice groups across the firm. […]
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Publication
Buchalter Client Alert COVID-19: The Impact of COVID-19 on the Bankruptcy Court System
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March 27th, 2020
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Presentation
Oren Bitan and Anthony Napolitano, Panelists at Cannabis Business Law Conference
October 25th, 2019
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Publication
Commentary: American Apparel’s second bankruptcy filing could further impact its retail presence
October 31st, 2016
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Publication
Dealing with Restaurant and Retail Leases in Bankruptcy
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November 9th, 2015
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Publication
The Supreme Court Prohibits Chapter 7 Debtors From Stripping Off Wholly Underwater Liens in Bankruptcy
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June 2nd, 2015
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Publication
Did I Leave My Estate To My Child’s Creditors?
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June 24th, 2014
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Presentation
Anthony Napolitano, Panelist at the California Receivers Forum Education Program
July 24th, 2013
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Publication
Motor City Cruises Into Bankruptcy
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July 1st, 2013
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Presentation
Anthony Napolitano to Speak at Trigild Lender Conference
October 19th, 2011
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Presentation
Bernard Bollinger and Anthony Napolitano to Speak at the Financial Lawyers Conference
December 13th, 2012
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Publication
Dodd-Frank and Bankruptcy Law
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August 10th, 2012
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
- Licursi v. Cal. Bank & Trust (In re Licursi), 2014 Bankr. LEXIS 234 (Bankr. C.D. Cal. Jan. 17, 2014)
- AP Servs., LLC v. McKesson Corp. (In re CRC Parent Corp.), 2013 Bankr. LEXIS 2006 (Bankr. D. Del. May 16, 2013)
- In re Real Estate Partners, Inc., 2012 U.S. Dist. LEXIS 188805 (C.D. Cal. Nov. 8, 2012).
- Bay Vista Apts., LLC v. Fed. Nat’l Mortg. Ass’n (In re Bay Vista Apts.), 2011 Bankr. LEXIS 5292 (B.A.P. 9th Cir. Dec. 19, 2011)
- March v. In re 450 S. Burlington Partners, LLC (In re 450 S. Burlington Partners, LLC), 2011 U.S. Dist. LEXIS 66075 (C.D. Cal. June 20, 2011)
- Fawn Ridge Partners, LP v. BAC Home Loans Servicing, LP (In re Fawn Ridge Partners, LP), 2010 Bankr. LEXIS 5082 (B.A.P. 9th Cir. Mar. 29, 2010)
- In re 450 S. Burlington Partners LLC, 2009 U.S. Dist. LEXIS 126750 (C.D. Cal. Aug. 5, 2009).
- Herrera v. Mukasey, 305 Fed. Appx. 352 (9th Cir. 2008)
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