Kathryn Catherwood is a partner with Foley & Lardner LLP where she focuses in the areas of bankruptcy law, primarily representing creditors and trustees; commercial litigation; mechanic's lien law; and lender liability/secured creditor issues. She is a member of the Bankruptcy & Business Reorganizations Practice.
Representative matters include:
· Confirmed Chapter 11 reorganization plan for a Southern California theater chain
· Obtained $1.6 million settlement against a Chapter 11 debtor for a state agency in Ohio
· Successfully resolved a breach of contract action, including settlement of punitive damages, in AAA arbitration against a large software company for failure to provide operable software to a manufacturer of luxury motor coaches
· Successfully defended a reorganized Chapter 11 debtor through trial against claim of former accounting firm for professional fees after accounting firm withdrew and failed to provide audited financial statements to enable debtor to comply with SEC reporting requirements
· Successfully defeated 9th Circuit BAP appeal of claim of a former investor against a reorganized Chapter 11 debtor
· Successfully obtained summary judgment for a client in a license dispute
· Successfully obtained judgment for a lender client against guarantors after non-judicial foreclosure, defeating defense of "sham guaranty" on summary judgment
Ms. Catherwood has lectured on the topics of creditor representation in Chapter 11 cases, collection actions in California and enforcement of mechanics' liens in California. She participated in authoring "Personal and Small Business Bankruptcy Practice in California," published by the Continuing Education of the Bar: California (2003 - 2006).
Ms. Catherwood is a member of the California Bar Association, the San Diego County Bar Association, and the State Bar of Wisconsin. She serves as the vice president and director of the Law Library Justice Foundation. She is also a past president of both the San Diego Bankruptcy Forum and the California Bankruptcy Forum.
Ms. Catherwood has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system.
A, cum laude, graduate of the University of Wisconsin Law School (1990), she also earned Bachelor of Science degrees in nursing (1982) and zoology (1979) from the University of Wisconsin.
Ms. Catherwood is licensed to practice law in California, Wisconsin, the United States Court of Appeals for the Ninth Circuit, and the United States District Courts for the Northern, Southern, Eastern and Central Districts of California.
Selected Speaking Engagements
· "Foreclosure and Repossession," Lorman Education Services, January 29, 2008
· "Bankruptcy Law and Procedure From Start to Finish," National Business Institute, April 30, 2007
· "Bankruptcy in California," Lorman Education Services, June 23, 2004, June 8, 2005
· "Bankruptcy in California - A Creditor's Perspective," Lorman Education Services, June 14, 2001
· "Trustee Issues - Turning a Sow's Ear Into a Silk Purse: Life and Times of Bankruptcy Trustees," California Bankruptcy Forum Conference, May 20, 2000
· "How to Get Results in Collection of Delinquent Debts in California, "National Business Institute Seminar, April 18, 2000