Allan Ickowitz specializes in the bankruptcy, creditors' rights, and workout areas including commercial, real estate, and related litigation. He has over 30 years of experience in insolvency matters involving financing transactions, real estate, energy, utility, transportation, communications, healthcare, manufacturing, environmental, and other issues. Mr. Ickowitz served as Co-Chair of the firm's Financial Services and Bankruptcy Practice Group from 2007 to 2013. Additionally, he was recognized by Los Angeles magazine in 2007-2008 and 2012-2015 as a Southern California "Super Lawyer."
Mr. Ickowitz is also experienced in commercial real estate and asset based financing lien enforcement matters including receivership litigation, pre-foreclosure advice and planning, judicial foreclosure matters, mixed collateral issues, and loan participation disputes. He has extensive complex litigation experience in both the trial and appellate levels.
His work involves all aspects of Chapter 9, Chapter 11 and Chapter 7 cases, including pre-bankruptcy planning and restructures, post-petition financing, reorganization plan negotiations, preparation and litigation, bankruptcy sale negotiations and litigation, executory contract litigation, valuation disputes, bankruptcy committee activities, and automatic stay and cash collateral proceedings.
Mr. Ickowitz has conducted numerous seminars for lenders and others in the areas of real estate foreclosure, workout, and bankruptcy.
He is AV Preeminent® Peer Review Rated by Martindale-Hubbell.
Represented the FDIC as receiver of the subsidiary financial institutions in litigation against the holding company bankruptcy debtors or trustees involving ownership rights in tax refunds, insurance premium refunds and other assets.
Represented a wind energy company developing a wind-powered electric generating facility in the bankruptcy case filed by battery manufacturer A123 Systems, Inc. A123 Systems, Inc. had agreed to supply, install and commission a battery energy storage system at the facility and A123 Systems, Inc. filed bankruptcy before the system was completed.
San Francisco Area Water Emergency Transportation Authority. Represented the San Francisco Area Water Emergency Transportation Authority in the bankruptcy proceeding in which a ferry builder, Nichols Brothers. Boat Builders, Inc., a company under contract with the client, was in bankruptcy. (2008-2009). Also represented this client in connection with the City of Vallejo's Chapter 9 bankruptcy case.
Assisted a major healthcare firm in its acquisition of a community hospital from a Chapter 9 bankruptcy debtor, Valley Health Systems. The $53 million sale closed after clearing numerous hurdles, including unique issues presented by the fact that the debtor in bankruptcy is a "public health district," as well as opposition from private citizens and the resolution of bond debt.
Trigen-LA Energy (formerly Sempra Energy Facilities/Solutions). Represented this party to a major energy facilities operation and management contract in the Queen Mary (Queen's Seaport Development, Inc.) Chapter 11 bankruptcy case. Trigen's contract was assumed and assigned to the company buying the debtor's lease of the ship and related dockside premises in its entirety and delinquencies of nearly $2M (including a portion of Trigen's legal fees) were paid out of closing escrow proceeds. Although the debtor and trustee initially challenged Trigen's contract rights and ownership of the subject energy infrastructure, those disputes ultimately were resolved in Trigen's favor pursuant to a negotiated settlement.
In re Axium International, Inc. et al.
Represented several IT consulting firms hired by the debtors to perform services for third party customers for which the debtors then invoiced the third party customers. The debtors were serving as an "administrative" intermediary. Secured an emergency bankruptcy court order rejecting the prepetition business contracts with the debtors valued in excess of $500,000 such that the clients could pursue direct relationships with third parties and minimize further contractual obligations to the bankrupt estate.
Represented a California utility in negotiations to settle refund claims against Mirant Corporation stemming from electricity purchases by the California utility during the California energy crisis in 2001 and 2002. Like other energy production and trading companies including Enron and NEGT, Mirant and its affiliates filed bankruptcy cases in 2003. The bankruptcy court in Texas has approved the global settlement between Mirant and various California based utilities and State agencies including Nossaman's client. The settlement includes transfer of Mirant's receivables held by the California Power Exchange that operated the electricity market during the energy crisis totaling over $300 million the allocation of those funds among parties to the settlement, including our client.
Represented the largest unsecured creditor in a law firm bankruptcy case and assisted its client in reaching a settlement with the bankruptcy trustee. Nossaman's client was the sublessor of the law firm's primary office in Downtown Los Angeles in the Library Tower (now the USBank tower) prior to the law firm's demise. After several months of negotiations respecting the client's landlord claim and the statutory cap imposed under bankruptcy law, the Trustee agreed to an allowed claim of $3.2 million which included a substantial portion of the additional rents claimed by the client for expenses in connection with the subleased premises and other items.
Provided counsel to significant creditors and members of the Investment Pool Participants Committee in the Orange County Chapter 9 bankruptcy cases, as well as major Chapter 11 matters including the case involving a major downtown Los Angeles office building. Role included executory contract negotiation and litigation, interim post-petition financing and operations transactions and inter-creditor negotiation and proceedings.
Represented a judgment creditor (with claims in excess of $30 million) in Chapter 11 cases filed by two major independent power cogenerators.
Served as counsel to purchasers of healthcare and other businesses in Chapter 11 proceedings.