Overview

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Brian T. Harvey’s practice focuses on matters involving insolvency, creditors’ rights, finance, real estate, receiverships, and commercial litigation. He has significant experience representing financial institutions, creditor committees, trade creditors, debtors, landlords, and investors in all aspects of bankruptcy reorganizations and liquidations, including debtor in possession financing, collateral recovery, asset sales, lease assumptions and rejections, plan confirmation, claim objections, fraudulent transfers, and preference liability. He has represented clients in bankruptcies involving a broad range of industries, including health care, commercial real estate, construction, retail, manufacturing, apparel, hospitality, and media.

Mr. Harvey also provides legal and strategic advice to commercial banks, finance companies, factors and other lenders regarding the structuring, documentation, workout and recovery of financial transactions.

Mr. Harvey has been recognized by Super Lawyer Magazine as a Southern California Super Lawyer Rising Star.

  • Omnicare (U.S. Bankruptcy Court, ND Texas): Counsel to primary pharmaceutical supplier to 4,000 long-term care facilities.
  • RiteAid (U.S. Bankruptcy Court, New Jersey): Counsel to primary pharmaceutical supplier to multi-state retail pharmacy chain.
  • Akorn Pharmaceuticals (U.S. Bankruptcy Court, Delaware): Counsel to pharmaceutical wholesaler in bankruptcy case of multi-product generic pharmaceutical company.
  • Saks Global (U.S. Bankruptcy Court, SD Texas): Counsel to multiple trade creditors in bankruptcy case of Saks Fifth Avenue and Neiman Marcus.
  • A&P Supermarkets (U.S. Bankruptcy Court, SDNY): Counsel to large trade creditor and defendant in $68 million preference lawsuit.
  • Regal Cinemas (U.S. Bankruptcy Court, SD Texas): Counsel to landlord.
  • JCPenney (U.S. Bankruptcy Court, SD Texas): Counsel to trade creditors.
  • Sears (U.S. Bankruptcy Court, SDNY): Counsel to multiple landlords and trade creditors.

Admissions

  • California
  • United States Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Southern District of California
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California

Education

  • Law clerk for the Honorable Ellen Carroll of the United States Bankruptcy Court
  • USC Gould School of Law, J.D.
    • Judicial extern for the Honorable Ernest M. Robles of the United States Bankruptcy Court
  • University of California, B.A., with honors

  • Financial Lawyers Conference
  • Los Angeles Bankruptcy Forum

  • Publication, “When Are Goods “Received” By Your Buyer?” on August 22, 2017
  • Publication, “The CFPB Has Bigger Problems Than Being Unconstitutional” on October 13, 2016
  • Publication, “Just When You Thought You Were Out, They Pull You Back In” on October 8, 2014
  • Speaking Engagement, “The Crossover of Bankruptcy and Receivership 2.0,” at the California Receivers Forum’s Local Forum Education Program on October 10, 2014
  • Webinar, “Bankruptcy Code §503(b)(9) Priority Claim For Goods Sold to a Debtor,” hosted by the Credit Management Association on June 27, 2013
  • Publication, “Receiverships as a New Alternative to Traditional Workout Options”, published in Business Workouts Manual on January 9, 2011
  • Publication,  “Patient Care Ombudsman: A New Role in Health Care Bankruptcy Cases”, published in Points & Authorities Special Health Care Edition on December 6, 2011
  • Publication, “Assumption of Hotel Franchise Agreements in Bankruptcy”, published in California Bankruptcy Journal on January 18, 2010
  • Publication, “Keeping the Money: Strategies for Protecting Against Preference Liability”, published in Credit Magazine on April 1, 2008

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