Ranked in 1 Practice Areas
2

Band 2

Bankruptcy/Restructuring

California

15 Years Ranked

About

Provided by Tobias Keller

USA

Expert in these Jurisdictions

• California, including all federal courts

• U.S. Courts of Appeal for the Third and Ninth Circuits

Career

Law Clerk to Associate Justice

Allen E. Broussard,

California Supreme Court

(1990-1991)

Murphy, Weir & Butler PC,

Shareholder (1997 – 2000);

Associate (1991 – 1997)

Pachulski, Stang, Ziehl & Jones, LLP,

Partner

(2000-2006)

Jones Day,

Partner

(2006 – 2013)

Keller Benvenutti Kim LLP

Partner

(2013 – present)

Professional Memberships

• State Bar of California

• Fellow, American College of Bankruptcy

• American Bar Association

• Member, American Bankruptcy Institute

Publications

• "SBRA Creates New Opportunities to Restructure Family-Owned Businesses," Journal of Corporate Renewal Vol. 34, No. 8 (October 2021)

• “Lenders Claw Back Some of Their Rights in Minnesota,” Law360 (September 10, 2015) (co-author with S. Stevanovich)

• “In a Real Estate Downturn: Section 1111(b)(2) or Not (b)(2)? That Is The Question,” Business Law News (2009) (co-author with M. Correa)

• “Legal Risks for Distressed Claims Traders,” 3 Pratt’s Journal of Bankruptcy Law 115 (July/August 2007)

• “Counseling The Licensee Through The Licensor’s Bankruptcy,” Business Law News (2007)

Work Highlights

• Ravn Air Group, Inc. et al. (Bankr. D. Del.) – lead debtor’s counsel for Alaska’s largest commuter airline in its Chapter 11 case, resulting in a confirmed liquidating plan and the sale of different business lines and assets in over a dozen transactions resulting in anticipated aggregate proceeds of over $60 million.

• Levandowski (Bankr. N.D. Cal) – lead debtor's counsel in complex business dispute involving Google LLC and Uber Technologies.

• In re EVA Automation. KBK successfully litigated and obtained dismissal of an involuntary bankruptcy petition filed against this multi-million holding company for a prominent audio and consumer goods manufacturer.

• In re Super98, LLC. KBK successfully obtained dismissal of an adversary proceeding challenging the adequacy of a secured creditor’s collateral description.

• PG&E Corporation and Pacific Gas and Electric Company, USBC, N.D. Cal. (2019-Present) – co-counsel for the PG&E entities in their chapter 11 cases, the largest chapter 11 filing in the Northern District of California in over a decade, through confirmation of their plan in June 2020. KBK continues to act as counsel for the reorganized debtors.

• Imperial Toys, LLC, USBC, N.D. Cal. (2019-Present) – represented DIP financier and successful purchaser of toy company with national presence.

• Confidential Education Company, Out of Court (2018-Present) – lead restructuring counsel to private, venture backed education company charged with rationalizing its business lines while negotiating with landlords and secured creditor owed in excess of $20 million.

• SolarReserve, Inc. and SolarReserve, LLC (2018-2020) – lead restructuring and wind-down counsel to developer of utility-scale solar power projects including concentrated solar power and photovoltaic technologies. Prior to wind down, SolarReserve equipment provided over 100 megawatts out of its pilot sites after obtaining and deploying substantially in excess of $100 million of funding.

• Confidential Vehicle Manufacturer (2018-2019) – counsel to assignee of electric vehicle manufacturer with complex financing and licensing issues in wind down and sale negotiations.

• Confidential Nutritional Supplement Manufacturer, Out of Court (2018-2019) – lead counsel to nutritional supplement manufacturer in its restructuring, including negotiating a forbearance of defaults alleged on its first-lien debt in excess of $10 million and managing overextended trade obligations of nearly $20 million.

• XS Ranch VI, LP, USBC, N.D. Cal (2017-2019) – represented claimant in two-day trial, resulting in award of full claim with interest and attorneys' fees.

• Peninsula Airways, Inc. dba PenAir, USBC, D. Alaska (2017-2018) – represented successful purchaser of commuter airline operating out of Anchorage, Alaska.

• Confidential Software Company, Out of Court (2017-2019) – lead counsel to venture-backed software company in negotiating its wind-down budget, wind-down financing package, and terms of a “friendly foreclosure” to first lien lender.

• Confidential Professional Services Firm, Out of Court (2016-2018) – lead counsel in restructuring of approximately $20 million of first-lien debt and over $30 million of mezzanine (second lien) debt.

• Delivery Agent, Inc. et al., USBC, D. Del. (2016-2017) – lead counsel for e-commerce company chapter 11 case involving divestiture of one business and sale of the core business to venture lender after auction.

• Confidential Computer Hardware Company, Out of Court (2015-2016) – lead counsel to venture-backed hardware company in its debt-for-equity swap and debt restructuring of approximately $30 million.

• Stemcells, Inc., Out of Court (2016) – lead counsel in wind-down negotiations for publicly-traded biotechnology company and coordination of reverse merger (securities work performed by associated firm).

• In re Fisker Automotive, USBC, D. Del. (2013 – 2015) – lead counsel for Hybrid Technologies LLC as secured debt purchaser and prospective acquirer.

• In re Petters, USBC, D. Minn (2010-2014) – co-counsel to hedge funds sued for in excess of $3 billion in trustee’s “clawback” litigation.

• In re Dreier, USBC, S.D.N.Y.(2010-2014) – co-counsel to hedge funds sued for in excess of $100 million in trustee’s “clawback” litigation; matter settled.

• In re AFA Foods, Inc., USBC, D. Del. (2011-2013) – lead counsel for national ground beef processor and distributor in chapter 11 reorganization.

• In re Ampex Corporation, USBC, S.D.N.Y.(2008) – lead counsel to creditors’ committee for technology company bankruptcy.

• In re Performance Transportation Services, USBC, E.D.N.Y (2007 – 2008) – lead counsel for national auto hauler in its liquidation.

• In re Education Finance Partners, USBC, N.D. Tex. (2007 – 2008) – lead counsel representing originator, servicer, and syndicator of over $1 billion of private student loans in its wind down and liquidation.

• In re Healthcentral.com, USBC, N.D. Cal. (2005-7) – lead counsel for chapter 11 liquidation of publicly-traded business-to-consumer internet retailer of prescription, health, and beauty supplies; successfully prosecuted Ninth Circuit appeal invalidating local rule relating to jurisdiction.

• In re Key3Media Group, Inc., USBC, D. Del. (2003) – lead counsel for creditors’ committee in case involving over $300 million in bond debt issued by leading technology trade show operator.

Education

Harvard College

B.A., magna cum laude

1985

Stanford Law School

J.D.

1990

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Tobias Keller
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Tobias Keller
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