Lou Cisz concentrates his practice on insolvency, restructuring debts, creditors’ remedies and related litigation. His clients include lenders, special servicers, manufacturers, vendors, contractors, health care companies, insurers, indenture trustees, buyers and sellers of assets and business ventures in a large cross-section of industries.
Mr. Cisz has also worked in the food and beverage industry and has represented clients in that industry throughout his career. He has represented parties in cases involving growers, producers, manufacturers, brokers, traders, restaurants, wineries, bakeries, vineyards, grocery chains, and a food and wine museum. Some of the products at issue in these matters include wine and craft beer, caviar, artisanal cheeses, ice cream and frozen yogurt, hamburger buns, grapes, walnuts, raisins, and tomatoes, among other products.
I provide a full range of services to clients encountering insolvency issues, whether the issues arise in a bankruptcy case, a non-bankruptcy court forum or in an out-of-court commercial dispute or transaction.
My team recently confirmed a creditors’ plan that created a trust through which our client could maximize value and develop collateral for the benefit of insured bondholders. We have been engaged by secured lenders in numerous matters, including complex single asset real estate cases. Recently we obtained full payment of principal, interest, costs and attorneys’ fees in several contentious Chapter 11 cases. We also extracted a construction owner client from an improperly filed involuntary bankruptcy case commenced by a disgruntled contractor and two suppliers. Following entry of judgment in our client’s favor, we obtained a court order awarding all costs and attorneys’ fees incurred. Both the judgment and order were upheld on appeal.
We are often retained to obtain possession of collateral, protect property rights and interests and secure other monetary and nonmonetary relief in bankruptcy courts, non-bankruptcy courts or via negotiated agreements throughout the country. In one case, we obtained possession of critical work-in-process, tools and permits without court intervention. In another case, we obtained rights in significant accounts receivable through a writ of attachment that quickly resolved the dispute.
When necessary, we are ready, willing and able to successfully try commercial disputes before judges and juries. We recently obtained a directed verdict for over $47,000,000 in a state court action to enforce a commercial guaranty. In another matter, we obtained a verdict awarding our client the accrued default interest that was not paid through a Chapter 11 plan, but remained due and owing by the non-debtor guarantor.
Current economic conditions, coupled with rising interest rates, will create opportunities in some business sectors and challenges in others. My team can add value to those embracing the opportunities as well those facing the challenges.
ABI Journal | September 01, 2020
San Francisco Financial Restructuring & Bankruptcy partner Lou Cisz, III co-authored this article, which provides an outlook on COVID-19’s financial impact on skilled-nursing facilities, while looking ahead to set the stage for industry-wide restructurings and bankruptcy filings.
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Food, Beverage & Agribusiness Alert | 08.04.20
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11.14.18 | San Francisco, CA
University of Utah S.J. Quinney College of Law, J.D.
University of Notre Dame, B.A., English
U.S. District Court, Eastern District of California
U.S. District Court, Central District of California
U.S. District Court, Northern District of California
U.S. District Court, Southern District of California
U.S. Court of Appeals, Ninth Circuit
U.S. Supreme Court
Louis was selected, through a peer-review survey, for inclusion in The Best Lawyers in America© 2021 in the fields of Litigation—Bankruptcy; and Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. Louis has been listed in Best Lawyers since 2019.
He has also received an AV Preeminent® Peer Review RatingTM from Martindale Hubbell®, the highest possible rating for ethics and legal ability.
Louis Cisz is a member of the Commercial Law and Bankruptcy section of the Bar Association of San Francisco and is on the Board of Directors of the Bay Area Bankruptcy Forum. Louis was also a member of the Insolvency Subcommittee of the Business Law Section of the State Bar of California (2000 to 2003). Louis is a member of the California Receivers Forum, Bay Area Chapter, and the Membership Committee of the Turnaround Management Association.