Gregory C. Nuti - Principal
Nuti Hart LLP
411 30th Street Suite 408
Oakland, CA 94609 T. 510.506.7153
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 multimillion dollar complex commercial disputes. He has experience 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 PRACTICE
- Commercial Law
- Debtor and Creditors Relations
- Business Restructuring
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 bankruptcy 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, bulk sales, consignments and other sales under the commercial code.
- In re Peek Aren’t You Curious, Inc. Peek designed, manufactured and sold high end children’s clothing in 21 retail locations in 10 states. Mr. Nuti represented Peek in the sale of 13 of its retail locations along with other operating assets pursuant to § 363 of the Bankruptcy Code, obtaining court approval of the sale and the closure of its other locations within 30 days of filing bankruptcy.
- In In re SK Foods Inc., Mr. Nuti represented the Chapter 11 trustee in the sale of the debtors 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 represented 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.
Involved in North Oakland/South Oakland Little League, both coaching and as a member of the Board of Directors.
- 09/16/2014 U.S. Bankruptcy Court Approves SK Foods Liquidation 04/25/2014 The CA Bar Association Spotlights Schnader SK Foods Success
- 3/03/2014 Schnader Attorneys Assist SK Foods Chapter 11 Trustee in Recovering $50 Million for Creditors
- 04/25/2013 Gregory Nuti and Kevin Coleman noted in Heller Ehrman victory
- 03/14/2013 Gregory Nuti and Kevin Coleman Named in Law360 Legal Lions Column
- 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.TM' by Martindale-Hubbell®
- 01/03/2007 Schnader Welcomes Three New Partners in San Francisco
Articles - 02/28/2014 "Persistence Pays Off for Creditors in SK Foods Bankruptcy"
Practice Guides - Debt Collections Practice in California (2nd Edition), Chapter 6, Prejudgement Remedies
Nuti Hart LLP
411 30th Street Suite 408
Oakland, CA 94609 T 510.333.4398