Mr. Nuti is experienced in both bankruptcy and litigation in state, federal and bankruptcy courts. He has successfully litigated and administered extensive litigation portfolios stemming from large corporate bankruptcies, involving a wide mix of issues ranging from personal injury claims, WARN Act class actions and claims under the Perishable Agricultural Commodities Act ("PACA"), to multi-million dollar complex commercial disputes. He has expertise in both drafting and enforcing all types of commercial agreements under the commercial code, including secured and unsecured loans, sales, leases, consignments and distribution agreements. Mr. Nuti also is experienced in franchisee/franchisor relationships.
Areas of Experience
Bankruptcy and Commercial Transactions
· Mr. Nuti represents creditors, debtors, trustees and Chapter 11 creditors committees involving all aspects of commercial bankruptcies, including the reorganization process and resulting litigation.
· Mr. Nuti has concentrated his practice in commercial bankruptcies matters and has represented financial institutions, asset based lenders, mortgage companies and mortgage servicers in litigation and distressed business situations.
· He is versed in both debt collection and the defense of collection actions.
· He has experience negotiating and documenting lending transactions, asset acquisitions, and other agreements under the commercial code.
Representative Significant Representations
The following are Mr. Nuti's selected representations:
· In In re SK Foods Inc., Mr. Nuti represented the Chapter 11 trustee in the sale of the debtor's two large scale tomato processing plants (100 million tons annually) under tight deadlines and delivered turn key operations to the successful buyer in time for the 2009 tomato season. In addition to the 363 going concern sale, the case involved the resolution of PACA claims from the growers and antitrust and commercial bribery claims stemming from the actions and operations of former management. Further, Mr. Nuti continues to represent the trustee in claims of fraudulent conveyances, quiet title and substantive consolidation against the debtors' numerous domestic affiliates, as well as cross border insolvency and litigation issues associated with the liquidation of the debtors' foreign subsidiaries in Australia and New Zealand.
· In In re Harder, representation of the debtor-in-possession in the largest Chapter 11 bankruptcy case ever filed in Oregon. The case involved over 200 assisted living facilities in 37 states, more than 100 institutional lenders asserting secured claims of $1.8 billion, and 2,000 unsecured creditors and investors asserting claims in excess of $600 million.
· In In re Sugar Bowl Ski Corp., Mr. Nuti represented a Tahoe area ski resort in a pre-packaged Chapter 11 filed the week before Christmas, the height of the ski season, and confirmed the plan in less than two months, providing for 100 percent payment for all unsecured creditors.
· Federal Court Receiverships: Mr. Nuti represents the Small Business Administration in its capacity as receiver for various Small Business Investment Companies in pursuing claims on behalf of the receivership, including, among others, claims for unfunded capital commitments, breach of contract and breach of fiduciary duty.
· In re At Home Corp., Inc.: At Home Corp. supplied high-speed Internet access services to more than four million customers of large and mid-size cable companies, including AT&T Broadband, Cox Communications, and Comcast Corp. At Home, through its Excite web-portal, was also a leading provider of Internet content and advertising services.
· Mr. Nuti represented the Official Committee of Unsecured Creditors in connection with all matters in the debtor's Chapter 11 case, including negotiations and ultimate sales, both as going concerns and as liquidations, of the debtors' numerous businesses. The sales in aggregate exceeded $300 million and resulted in general unsecured creditors receiving in excess of 90 percent of their claims.
· In re iSyndicate, Inc.: iSyndicate was an Internet content aggregator. Mr. Nuti represented the Official Committee of Unsecured Creditors in connection with all matters in the Chapter 11 case, including the sale of its media properties to Yellowbrix, and confirmation of the Chapter 11 plan. Thereafter, Mr. Nuti represented the plan administrator. In that capacity, he resolved several hundred claims, including the resolution of employee class action claims under the WARN Act after successfully tendering such claims to the debtor's pre-petition insurance carriers.
· In re Chip Shot Golf Corporation: Chip Shot Golf was an online retailer of golf equipment. Mr. Nuti represented the Official Committee of Unsecured Creditors in connection with all matters in the Chapter 11 case, including post-petition financing and negotiations with its secured lender over the scope and validity of security interests in intellectual property, leading to the sale of Chip Shot as a going concern to a third party. In addition, we represented the committee in its negotiations with the debtor's landlord to buy back Chip Shot's real property leases resulting in a cash payment of over $4 million to the estate. Thereafter, they worked cooperatively with the debtor to confirm a liquidating Chapter 11 plan.
· In the Sizzler bankruptcy, represented as special counsel, the debtor in administering more than 1,500 personnel injury claims across the country through an ADR process to resolve pre-petition claims. The program required the parties to participate in the program before claimants could seek relief from stay to litigate in another forum.
Community Activities
· Involved in North Oakland/South Oakland Little League, both coaching and as a member of the Board of Directors.
Professional Affiliations
· State Bar of California (member, Business Law Section; member, Debtor/Creditor Relations Committee)
· Bar Association of San Francisco, member
· Alameda County Bar Association, member
· Bay Area Bankruptcy Forum, member
Other Distinctions
· Rated AV® Preeminent™ by Martindale-Hubbell®
· University of San Francisco School of Law, guest lecturer (November 2009)
News
02/14/2012, A Team of Schnader Attorneys Achieve Appellate Victory for Client in In re SK Foods
09/19/2011, Sixty-Eight Schnader Attorneys Rated AV® Preeminent™ by Martindale-Hubbell®
01/03/2007, Schnader Welcomes Three New Partners in San Francisco
Speaking Engagements
08/20/2009, Webinar: Corporate Bankruptcy 101
01/01/2005, Mining Your Bankruptcy Estate for Potential Claims - Avoiding Latent Conflicts