Keith C. Owens

Partner
Owens Keith

Keith Owens represents clients in bankruptcy, creditors' rights matters, and commercial litigation. Keith's practice encompasses all facets of bankruptcy and insolvency. He works with a variety of clients in the entertainment, healthcare, technology, sports, commercial real estate, hospitality, and many other industries with respect to distressed acquisitions and dispositions in out-of-court transactions, as well as all general bankruptcy matters.   

Keith has a proven track record of advocating for clients in virtually all aspects of bankruptcy and insolvency law in United States Bankruptcy Courts and federal District Courts throughout the United States, as well as creditors' rights litigation in California state courts. Keith has a solid background in bankruptcy law, encompassing critical aspects of bankruptcy and insolvency, including:

  • Chapter 11 plan restructuring and related litigation
  • Section 363 sales
  • Valuation disputes
  • Single-asset real estate cases
  • Debtor-in-possession (DIP) financing
  • Adversary actions
  • Bankruptcy appeals
  • Assignment for the benefit of creditors
  • Corporate dissolutions

Keith works extensively with lenders and commercial mortgage-backed securities (CMBS) servicers regarding real property secured loan litigation and real estate owned (REO) dispositions, including:

  • Judicial and non-judicial foreclosures
  • Guarantor litigation 
  • Lender liability litigation 
  • Enforcement of pre- and post-judgment remedies, including:
    • Receivership appointments
    • Injunctions
    • Workouts 
    • Loan restructurings
    • Forbearances 
    • Discounted payoffs
    • Note sales

Keith began his legal career as a trial law clerk for the Honorable Christopher M. Klein of the United States Bankruptcy Court for the Eastern District of California, and as an appellate law clerk to the Honorable John E. Ryan, who served on the United States Bankruptcy Appellate Panel for the Ninth Circuit. Prior to attending law school, Keith worked as a writer for Tig Productions and various Los Angeles–based magazines.

 

Experience

Representative Matters

  • Argued Ninth Circuit appeal in U.S. Bank Nat'l Ass'n v. Village at Lakeridge, LLC, 814 F.3d 993, 1001 (9th Cir. 2016) on the issues of whether an assignee of an insider claim was a non-statutory insider disqualified on voting to confirm a plan of reorganization under 11 U.S.C. § 1129(a)(10) and whether the acquisition and solicitation of the insider claim was made in bad faith for purposes of 11 U.S.C. § 1129(a)(6)
  • Drafted Petition for certiorari, granted in part by the United States Supreme Court in U.S. Bank Nat'l Ass'n v. Village at Lakeridge, LLC, 138 S. Ct. 960, 2018 WL 1143822 (Mar. 5, 2018)
  • Represented Prints and Advertising Lender Endgame Releasing Company, LLC and Endgame Releasing Funding, LLC in the Chapter 11 bankruptcy cases filed by Los Angeles-based film production and distribution company Open Road Films, LLC, and certain debtor affiliates, in the United States Bankruptcy Court for the District of Delaware  
  • Represented numerous actors, producers, directors, and writers as counter-parties to contracts in The Weinstein Company Chapter bankruptcy cases in the United States Bankruptcy Court for the District of Delaware
  • Represented an actor, producer, and writer in the Relativity Media Chapter 11 bankruptcy cases filed in the United States Bankruptcy Court for the Southern District of New York
  • Represents intellectual property licensors and licensees in bankruptcy cases and Assignment for the Benefit of Creditors proceedings throughout the United States
  • Represented various automotive suppliers in General Motors and Chrysler bankruptcies cases filed in the United States Bankruptcy Court for the Southern District of New York
  • Represented various brokers in the Lehman Brothers Chapter 11 bankruptcy and SIPA proceedings
  • Represented auto parts manufacturer Fluid Routing Solutions and its affiliated debtor entities in their Chapter 11 bankruptcy cases filed in United States Bankruptcy Court for the District of Delaware
  • Represented auto parts manufacturer Diamond Glass, Inc. and its affiliated debtor entities in their Chapter 11 bankruptcy cases 
  • Represented Vista Hospital System (comprising French Hospital, Arroyo Grande Hospital, and Corona Regional Medical Center) in its Chapter 11 bankruptcy cases filed in the United States Bankruptcy Court for the Central District of California
  • Represented Care1st Health Plan, in its acquisition of WattsHealth d/b/a UHP Healthcare HMO for $30 million in the WattsHealth Chapter 11 bankruptcy case filed in the United States Bankruptcy Court for the Central District of California
  • Represented the County of Contra Costa in connection with its funding of West Contra Costa Healthcare District, d/b/a Doctors Medical Center, in its Chapter 9 bankruptcy case filed in the United States Bankruptcy Court for the Northern District of California
  • Represented purchasers and/or stalking horse bidders in various nursing home bankruptcies
  • Represented a rehabilitation center in an out-of-court workout to avoid bankruptcy
  • Represents some of the nation's largest special servicers of CMBS assets on all aspects of commercial real estate loan workouts, bankruptcies, foreclosure, and receivership litigation
 

Insights

Credentials
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Education

  • J.D. cum laude Southwestern University School of Law 1996
  • B.A. History and Political Science University of California at Los Angeles 1991

Bar Admissions

  • California 1996

Court Admissions

  • U.S. Supreme Court 2004
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California
  • U.S. District Court for the Eastern District of California
  • U.S. Bankruptcy Court for the Central District of California
  • U.S. Bankruptcy Court for the Eastern District of California
  • U.S. Bankruptcy Court for the Northern District of California
  • U.S. Bankruptcy Court for the Southern District of California

Clerk Experience

  • Honorable John E. Ryan U.S. Bankruptcy Appellate Panel of the Ninth Circuit Court of Appeals
  • Honorable Christopher M. Klein U.S. Bankruptcy Court for the Eastern District of California

Professional Memberships and Activities

  • Member, Beverly Hills Bar Association, 2011; chair, Executive Committee of the Bankruptcy Section
  • Member, Los Angeles County Bar Association, Executive Committee of the Commercial Law and Bankruptcy Section 
  • Member, Financial Lawyers Conference
  • Member, American Bankruptcy Institute 
  • Member, Los Angeles Bankruptcy Forum
  • Member, Orange County Bankruptcy Forum
  • Member, Turnaround Management Association
 

Recognition
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  • Recognized in Chambers USA, Bankruptcy/Restructuring, California, 2015 - 2016, 2018
  • Included in Southern California Super Lawyers, Bankruptcy and Creditors' Rights, 2009 - 2018
  • Included in Super Lawyers Business Edition for Bankruptcy, Los Angeles, 2013
  • Named a "Super Lawyer" since 2009, in a peer survey conducted by Law & Politics and the publishers of Los Angeles magazine – an honor bestowed on only 5% of Southern California attorneys
  • Recognized as one of the Super Lawyers' Rising Stars for Bankruptcy and Creditors' Rights, 2006, 2008