Practice Areas

Financial Services/Creditor Rights

The Firm frequently represents institutional lenders in loan breaches and disputes. The Firm’s tasks in these matters range from negotiating and documenting modifications of loans, preparing forbearance and release documentation; preparing complaints and filing actions to enforce loan terms, and obtaining prejudgment remedies to attach the property of borrowers and guarantors, or to obtain possession of bank collateral. The Firm has also handled litigation relating to disputes between loan participants.

The Firm is successful in obtaining settlements in the majority of actions filed, stressing a business approach to the legal actions. The Firm has obtained judgments at trial on cases in State and Bankruptcy courts throughout California. The Firm also frequently negotiates and prepares loan sale documents.


The Firm represents creditor clients in all Bankruptcy courts in California. Tasks performed by the Firm on a regular basis include motions for relief from stay, objecting to confirmation of Chapter 11 and Chapter 13 plans and negotiating the modification of those plans to protect its clients interests. The Firm frequently files complaints objecting to discharge of debt and opposes efforts by debtors to avoid or modify client liens against real estate. The Firm has successfully litigated numerous bankruptcy adversary proceedings relating to preferential transfers, fraudulent conveyance and the valuation of real property.

Real Estate

The Firm negotiates and documents purchase and sale transactions and litigates varying types of real estate disputes, including breaches of sales transactions, quiet title, fraudulent conveyance, and easement disputes. The Firm recently represented a buyer of an industrial property in North County San Diego after a seller refused to consummate the purchase. After filing an action for breach of contract and specific performance, the Firm was successful in obtaining the seller’s cooperation in concluding the sale.

The Firm represents commercial landlords in various commercial lease disputes, including the enforcement of landlords’ rights and negotiations with tenants. The Firm recently represented clients negotiating lease terminations in the Toys’ R Us Chapter 11 Bankruptcy and Aaron Brothers/Michaels company restructure. The Firm represents clients in valuation proceedings before State and Federal (Bankruptcy) Courts regarding the validity and extent of client’s liens against real estate.

General Business Litigation

The Firm represents entities and individuals in lawsuits involving breach of contract, fraud, breach of fiduciary duty, partnership and limited liability company disputes, and other business torts.

Office Location

Brody & Shemwell APC
1350 Columbia St.
Suite 403
San Diego, CA 92101


Phone: (619) 546-9200
Fax: (619) 546-9270
E-mail Us

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