Representative Experience

Mr. Polard is stationed at our Los Angeles Office. Mr. Polard is a veteran bankruptcy and commercial litigator with more than three decades of experience. He advises clients in bankruptcy and creditors’ rights litigation, real estate, and commercial litigation and with respect to commercial transactions and restructurings. He has extensive experience in real estate litigation, representing mostly lenders in loan, lender liability, D&O, and joint venture litigation.

Mr. Polard represents banks, CMBS, healthcare industry providers, special servicers, municipalities and secured creditors in many different areas, including aerospace, real estate, hospitality, retail, franchising, international, healthcare, directors and officers liability, and intellectual property.

Mr. Polard has also counseled the RTC, MDIFC, and FDIC in numerous distressed financial institution matters over the years. He has represented bankruptcy trustees, and debtors in possession in Chapter 11 cases.

Mr. Polard is stationed at our Los Angeles Office. Mr. Polard has been a speaker on U.S. bankruptcy law in the United States and abroad, including Tokyo, Japan; Dusseldorf, Frankfurt, and Munich, Germany; and Vancouver, British Columbia.

Selected representative matters include:

  • CAV III Cornerstone Realty v. Windstar - Represented investor group against developer with respect to a real estate loan on a 450 unit apartment development including defending a lender liability suit
  • Representation of former CEOs and Officers in D&O and Regulatory cases - Represented many CEOs and presidents of financial institutions
  • Gardens Regional Hospital v. Gerrick; Gerrick v. Weiner et al. - Representing former CEO and president of hospital in D&O case
  • Representation of landlords in bankruptcy - Assisting landlord clients in lease disputes in bankruptcy cases
  • In re: Capitol Properties, LLC - Represented first perfected secured lender interests as to loan balance of about $4.7 million on commercial real estate in the E.D. California, including in reorganization process, and with respect to related adversary action challenging $1.5 million insider claim
  • Pasadena Housing v. City of Pasadena - Represented the City of Pasadena in an adversary action brought by a bankruptcy trustee. He turned the tables with a cross-complaint
  • In re: Krishan Corporation, dba Days Inn San Jose - Represented the purchaser of a CMBS originated secured real property loan
  • Transactional experience - Assists clients in contract negotiation in commercial transactions including restructuring loans, and acquisitions of assets out of bankruptcies and assignments for benefit of creditors
  • In re: Pecan Square - Represented CIII Asset Management LLC in obtaining dismissal of a large commercial real estate Chapter 11
  • In re: Quarry Pond (shopping center) - Represented secured creditor CMBS client in $28 million claim, defeating plan confirmation (twice) and obtained relief from stay
  • In re: Tru-Emaan - Representation of Baskin Robbins with respect to bankrupt franchisees
  • In re: Pasadena Playhouse - Represented the City of Pasadena as the major creditor in the successful Chapter 11 reorganization of the Pasadena Playhouse
  • Weyerhaeuser cases - Represented Weyerhaeuser’s MW Housing and WRI affiliates as secured creditor in many commercial real estate and home builder bankruptcies in California
  • In re: Apex Voice Communications, Inc. - Reorganized VoIP company in a successful Chapter 11 case
  • Pacific Union Bank v. Atlantic Properties - Represented Pacific Union Bank and Jamison Properties in real estate litigation including through bankruptcy of borrower on commercial property
  • In re: Mexmil - Represented Boeing as a secured creditor in bankruptcy case involving a supplier bankruptcy
  • In re: Philippine Airlines - Represented Boeing as a lead trial counsel secured creditor in bankruptcy case involving a sovereign insolvency proceeding in a U.S. Bankruptcy Court ancillary proceeding
  • Intercredit v. Yugoslavian Airlines - Represented aircraft lessor and secured creditor in repossession of commercial aircraft and writs of attachment
  • In re: Continental Airlines - Represented Interface, Inc. (Adelson Company) as a lessor/secured creditor
  • In re: Maxicare, Inc. - Appointed as ex officio member of Official Creditors’ Committee in major health care industry bankruptcy, representing the interests of hospital creditors as a distinct sub-group of creditors
  • FSLIC v. Ford - Represented chairman of board and other officers in savings and loan takeover case
  • de la Cuesta v. Fidelity Federal Savings & Loan Assn. - Represented savings and loan on team of three lawyers that won major due on sale case in the United States Supreme Court
  • Represented publicly-traded companies in hospital bankruptcies - Assisted major NYSE listed companies in a range of matters with respect to Chapter 11 hospital bankruptcies nationwide