Biography

Keith is a strategic ally for clients involved in bankruptcy proceedings, creditors' rights matters and commercial litigation. Experienced in all facets of bankruptcy, insolvency, distressed acquisitions and dispositions, Keith has represented businesses and individuals in a wide range of industries, including entertainment, healthcare, technology, sports, commercial real estate and hospitality. 

Keith has assisted clients before bankruptcy courts and federal district courts throughout the United States, and has led creditors' rights litigation in California state courts. His knowledge of bankruptcy law encompasses 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 proceedings
  • Bankruptcy appeals
  • Assignment for the benefit of creditors
  • Corporate dissolutions
  • Out of court workouts

Lenders and Loan Servicers

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

Before Fox Rothschild

Prior to joining Fox Rothschild, Keith was a Partner in the Bankruptcy and Creditors' Rights Practice at two AmLaw 100 law firms. 

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.

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 lenders 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 a mezzanine lender in the Cupertino Square Chapter 11 bankruptcy case in the United States Bankruptcy Court for the Northern District of California
  • Represented numerous actors, producers, directors and writers as counter-parties to contracts in The Weinstein Company Chapter 11 bankruptcy cases in the United States Bankruptcy Court for the District of Delaware
  • Represented talent clients 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
  • Represents asset purchasers, lenders and assignees in Assignment for the Benefit of Creditors proceedings
  • 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 trade creditors in various retail bankruptcies and out-of-court workouts
  • Represented landlords in various retail bankruptcies
  • Represented a rehabilitation center in an out-of-court workout 
  • Represented the Official Committee of Bondholders in the Farmland Industries Chapter 11 case filed in the United States Bankruptcy Court for the Eastern District of Missouri
  • Represented the Official Committee of Unsecured Creditors of RCR Plumbing in the United States Bankruptcy Court for the Central District of California
  • Represented the Organization of Parishes (consisting of over 98 parishes) of the San Diego Catholic Diocese in the Chapter 11 case of the San Diego Catholic Diocese
  • Represented the shareholders of Metabolife International, Inc. in Metabolife’s Chapter 11 case filed in the United States Bankruptcy Court for the Southern District of California
  • Represented a former officer in the Rhythm & Hues Studios Inc. Chapter 11 bankruptcy case in the United States Bankruptcy Court for the Central District of California
  • Represented a former officer in the Nutracea Chapter 11 bankruptcy case in the United States Bankruptcy Court for the District of Arizona
  • Represented 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

Honors & Awards

  • Recognized in Chambers USA, Bankruptcy/Restructuring, California (2015-2016, 2018)
  • Among Southern California Super Lawyers, Bankruptcy and Creditors' Rights (2009-2020)
  • Recognized in Super Lawyers Business Edition, Bankruptcy, Los Angeles (2013)
  • Recognized among Super Lawyers' Rising Stars, Bankruptcy and Creditors' Rights (2006, 2008)