matthew j. shier

rays
Matthew_Shier 2

Contact

Direct: 415.691.7027
Fax: 415.520.5879
mshier@shierkatz.com

Matthew J. Shier concentrates his practice on bankruptcy, insolvency and reorganization law and litigation, representation of debtors, trustees, lessors, secured creditors and examiners.

Experience

Since February 1977, I have practiced before all Bay Area and most California Bankruptcy Courts. I handle various commercial litigation in and outside of the bankruptcy court including, but not limited to, cases arising under the California Commercial Code. Representation includes bankruptcy litigation of all types as well as consultation and mediation services.

I have wide-ranging experience consulting and planning in matters involving the interface between bankruptcy and family law. I have spoken extensively before the American Academy of Matrimonial Lawyers and other Family Lawyer groups on the impact of bankruptcy law on family law matters.

Representative Engagements

  • Successful representation of Emeryville Quarters, L.L.C. in its efforts to realize several million dollars of equity in its Emeryville office building following the filing of Chapter 11 case less than an hour before a scheduled foreclosure sale thereof.
  • Successful representation of the Western Asbestos Settlement Trust in its effort to recoup approximately $4.2 million in excessive escrow fees.  The case was settled for approximately $3.4 million.
  • Chapter 11 trustee representation in the consolidated FIC International Chapter 11 cases, involving more than ten separate adversary proceedings, numerous contested matters and a compensation application alone which was more than 3,500 pages in length. The case proceeded to a confirmed consolidated Chapter 11 Plan.
  • Extensive involvement in the representation of the City of Huntington Beach in the well-publicized Orange County Chapter 9 case, prosecuting the City’s $43 million dollar claim and resisting the County’s efforts to visit the sins of its treasurer on the innocent political subdivisions of the County, including the City of Huntington Beach.
  • Representation of banks, other lending institutions, municipalities, corporations, partnerships, individuals and, as set forth above, the City of Huntington Beach in the high profile Chapter 9 bankruptcy of Orange County.
  • Representation of parties to substantial bankruptcy sales, including the jilted buyer of the Pacific Center in the 821 Market Associates, Chapter 11 case (ultimately sold for more than $80 million), one of the prominent potential buyers in the sale of The North Face (ultimately sold for $59,000,000 before Oakland Bankruptcy Judge Randall J. Newsome), a secured creditor in the Chapter 11 case of Labor Management Services and its affiliates (business sold for approximately $5 million), one of the bidders for the intellectual property assets of Tegam International Inc. (property sold for approximately $1.1 million), the successful purchaser of lakefront realty in Lake Tahoe for $2.27 million in the Golden ADA Chapter 7 case, the successful purchaser of a Hillsborough mansion in the Patane Chapter 7 case for $2.328 million and numerous others.

Education

  • University of California, Los Angeles (B.S., 1973)
  • Golden Gate University (J.D., Honors, 1976)

Admissions & Courts

  • All courts in the State of California

Memberships

  • California State Bar
  • Bar Association of San Francisco (Commerical and Bankruptcy Section)
  • Bay Area Bankruptcy Forum

Reported Decisions

Kolb v. Cassel
(2003) 2003 U.S. App LEXIS 7251

Beach v. U.S. Dept. of Housing
(1995) 1996 U.S. App LEXIS 5240

Cassel v. Kolb
(2001) 267 B.R. 861 (N.D. Cal.)

Phillips v. Mayer
(1998) 218 B.R. 520 (N.D. Cal.)

Aikens v. Oliver
(1997) U.S. Dist LEXIS 19867 (N.D. Cal.)

Van Bossche v. Hartford Accident and Indemnity Co.
(1991) 125 B.R. 571 (N.D. Cal.)

In re AutomationSolutions Int’l, LLC
(2002) 274 B.R. 527 (Bankr., N.D. Cal.)

Carey v. Flintridge Lumber Sales, Inc.
(2001) 262 B.R. 91 (Bankr., N.D. Cal.)

In re Phillips
(1997) 206 B.R. 196 (Bankr., N.D. Cal.)

Published Articles and Press Coverage

“Creditors Beat Shareholders When Insolvency Draws Near”
Silicon Valley / San Jose Business Journal, May 2003

“Enron Examiner: Fair Fees for a Hard Day’s Work?”
Bankruptcy Court Decisions; Weekly News and Comment, April 2003

“Economy Taking Its Toll on Firms; How Is Your Footing?”
Bankruptcy Court Decisions; Weekly News and Comment, March 2003

“Foreclosures Foreshadowed”
San Francisco Business Times, September 2002

“Sorry the Check’s Not in the Mail”
California Real Estate Journal, July 2002

Delaware Supreme Court Limits Creditors’ Rights to Assert Direct Claims for Breach of Fiduciary Duty Against a Corporation’s Directors