CONSULTATION ATTORNEY FOR SMALL BUSINESSES AND INDIVIDUALS
your personal consulting attorney advisor
Real Estate
Probate and Trust Disputes
Probate and Trust Disputes
Contract Disputes
When an important, stressful legal matter affects the future of your company and your livelihood, you should have knowledgeable, client-focused trial lawyer on your side — a business law firm that means business.
The experienced Bay Area and Northern California attorney and staff of David M. Sternberg, Attorney-at-Law in Walnut Creek are here when you need us for negotiated or litigated resolutions of contentious disagreements over commercial and residential real estate matters.
In addition to Mr. Sternberg’s nearly 40 years of experience, our law firm is well-known throughout the region for its responsiveness to client objectives, in-depth investigation of client problems and persuasive presentations in court.
Walnut Creek Contract Dispute Lawyer
Our respected law firm’s founder David M. Sternberg furnishes a diverse clientele with quality, aggressive advocacy and one-on-one personal service for real estate litigation matters such as:
- Joint ownership
- Rights and duties of co-tenants
- Partition actions, when a property’s co-owner wants to sell
- Breach of contract
- Breach of fiduciary duty
- Construction defects
- Toxic torts mold
- Real estate fraud
- Foreclosure and short sales
- Mechanic’s liens
- Neighbor and boundary disputes over parking, trees, fences, etc.
- Licensing
Probate and Trust Disputes
Probate and Trust Disputes
Probate and Trust Disputes
Trust Dispute Attorney
When trust litigation from an estate dispute threatens to fracture your Northern California family and the inheritance you have been waiting for is in jeopardy, the individuals that give you strength and confidence to resolve these legal difficulties are David M. Sternberg and our staff at the office of David M. Sternberg, Attorney-at-Law in Walnut Creek.
Our skilled trial lawyer has nearly 40 years of experience that can safeguard your interests during any contentious disagreement over a trust, including allegations of trustee misconduct or financial mismanagement.
Mr. Sternberg excels at complex civil litigation when arbitration and negotiation fail to produce results. He arms you with facts and options you should be aware of, that can lead to sound decisions, such as revocable living trusts that avoid probate, out-of-court procedures that go to probate court so a trustee can be replaced if necessary, how to recognize trustee interference with inheritance, and the need to insist upon accurate accounting.
Elder Financial Abuse Attorney
Unscrupulous financial planners, personal caregivers and real estate brokers can take advantage of the elderly.
If your senior relative has signed papers related to financial affairs, and you suspect that undue influence, intimidation or duress have played a role in elder financial abuse that victimizes your aging parents or grandparents, our Northern California law firm can help.
We are the Walnut Creek elder law lawyer and staff of David M. Sternberg, Attorney-at-Law. Our founder, David M. Sternberg has nearly 40 years of experience, and has worked hard to protect the rights of elderly clients and their concerned families.
Our skilled law firm safeguards your interests in situations that include:
- Loss of real estate — when a deed is put in the name of the abuser, or the abuser’s name is added to the deed
- Loss of stocks and investments
- Questionable investment advice by someone posing as a financial professional — typically, when an elder is persuaded to purchase an annuity with an especially long-term, a high-risk stock or insurance that guarantees a commission
- Mortgage loan fraud — when a senior is sold a home loan that carries high fees, penalties and interest, or payments that do not fit his or her budget
Experienced Walnut Creek Financial Exploitation And Elder Financial Abuse Lawyer
Business
Bankruptcy
Bankruptcy
Partnership Dispute Lawyer in Alameda, San Francisco, Contra Costa, and Solano Counties
When a business falls prey to questionable management practices, upsetting shareholders and partners alike, the resulting dispute is often taken to court for a swift, final resolution.
Is your Bay Area company’s partnership, LLC or corporate dispute proving to be a distraction, draining your time and energy, and headed for litigation in state court?
Our Northern California corporate dispute and shareholder dispute law firm can help. We are the David M. Sternberg, Attorney-at-Law law firm in Walnut Creek — the business law firm that means business.
When you retain us to represent your side of a partnership dispute during complex commercial litigation, you reap the rewards of attorney David M. Sternberg’s nearly 40 years of experience, broad legal knowledge and skills in business law practice areas, thorough case preparation and attentive personal service throughout the legal process that is second to none.
During your initial phone consultation, we are responsive to your account of events that led to the corporate dispute. We research thoroughly, present persuasively and generally safeguard your interests in ways that connect with judge and jury. Our goal is always to put this crisis behind you so you can resume smooth business operations and recapture commercial momentum in the Bay Area marketplace.
Partnership Dispute attorney with over 40 Years Experience
At David M. Sternberg, Attorney-at-Law, our law firm’s founding attorney aggressivelys protect the rights of business clients with legitimate concerns about:
- Management approval of improper or inappropriate expenses
- Partners cut out of rightful share of a company’s profits
- Transfer of assets without compensation
- Possession of stock ownership rights
- Disputes over business dissolution
- Breach of contract, such as violation of a noncompete or nondisclosure
- Breach of fiduciary duty
- Derivative actions on behalf of a partnership
- Franchise disputes
- Allegations of securities fraud
Whether you are starting, expanding or protecting your business in court, you should contact our Walnut Creek trial lawyer at David M. Sternberg, Attorney-at-Law. For an initial consultation by phone at no charge to you, call from wherever you are in Northern California — 925-946-1400. We respond promptly to your email message.
your legal issue
is important
Business Formation Attorney
Are you attempting to start a business in the Bay Area or Northern California and seeking to establish an LLC?
The attorneys of David M. Sternberg, Attorney-at-Law are business owners themselves. David M. Sternberg believes deeply in the entrepreneurial spirit and personally relate to your goals. His over 40 years of experience can benefit your business startup dreams and begin your local, statewide or national commercial career the right way the first time.
Our respected business law firm prepares you for stiff competition in today’s busy Bay Area corporate landscape. Once your emerging company is up and running, we can also serve as virtual in-house counsel to deal with any urgent crisis, short-term situation or long-range objective. At David M. Sternberg, Attorney-at-Law, we are a business firm that means business — and we are dedicated to your success.
Experienced Walnut Creek Business Formation Lawyer Dedicated To Your Success
Experienced Bay Area Business Formation Attorney
Mr. Sternberg bring unique determination and commitment to your side for business startup decisions related to:
- Entity selection such as LLC, “S” and “C” corporation
- Contract negotiation, drafting and review
- Franchising
- Licensing
- Tax strategies
- Acquisition of commercial real estate
your legal issue
is important
Contract Drafting
Contracts are the building blocks and cornerstone of any business — and are by no means a do-it-yourself project. Buy-and-sell agreements, contracts with vendors and franchisees, noncompete and nondisclosure clauses are useful instruments best left in the hands of skilled business law professionals.
In Walnut Creek and the Bay Area of Northern California, the contract drafting law firm that proactively prepares documentation that protects your rights, now and in the future, is David M. Sternberg, Attorney-at-Law.
David M. Sternberg possesses nearly 40 years of experience that can benefit your commercial goals. Our law firm’s unique insights into contractual needs for business formation, sound guidance and solid support can spell the difference between success and failure for any new, emerging or established company. Mr. Sternberg is a business attorney who means business in everything he does for you.
Business attorney Who Means Business
Our skilled business lawyer provide leadership and thoughtful recommendations throughout the legal process when your priorities include:
- Contract review
- Contract formation
- Contracts for franchises and vendors
- Purchase and sales agreements
- Security agreements
- Notes
- Asset sales
The most efficient, effective contracts anticipate problems and disputes before they occur and safeguard your interests for any situation during the life of your company.
Bankruptcy
Bankruptcy
Bankruptcy
Creditor Rights
Creditor’s rights are substantially affected by a debtor filing any chapter of bankruptcy. Each type of bankruptcy affect creditor’s rights differently. Creditors and their counsel should develop an overall strategy for the case. There are very short timeframes for creditors in bankruptcy, so it is also important to be sure that you comply with your obligations so that you do not lose any of your rights. Your strategy will depend upon your status as either a secured, unsecured, or oversecured creditor. Examples of some strategies and time frames are as follows:
Secured Creditors
Some Important Dates
1. Motion for relief from stay
1. Calendar times from notice of 341(a) meeting
2. Read Docket
3. File proof of claim within 90 days after first date set for 341 meeting (Ch. 7,12,13)
4. Deadline to object to discharge is 60 days after first date set for 341 meeting
5. Deadline for nondischargeability complaint for fraud, fiduciary misconduct, or willful
2. Motion to dismiss for abuse or bad faith
3. Motion to restrict the use of your cash collateral
4. Motion to receive a trustee or examiner
5. Find a buyer for your collateral
6. Sue to deny the debtor’s discharge
7. Sue to determine that your debt is nondischargeable
8. Move to shorten exclusivity period (Ch 11)
9. Object to plan and disclosure statement (Ch 11-13)
10. Vote for or against a plan
11. Make an election to keep lien
12. Sue guarantor of your debt
13. Sue general parties
14. Propose your own plan
Unsecured Creditors
1. Vote to appoint your own trustee
2. Motion to dismiss or convert the case
3. Seek help from US trustee
4. Sue to deny discharge
5. Sue to determine dischargeability
6. Motion for Chapter 11 trustee or examiner
7. Ask to join or set up a creditor’s committee
Bankruptcy As A Business Tool
1. Chapter 7: “Chapter 7 Bankruptcies are liquidation bankruptcies. The debtor is attempting to discharge all of their debts if the debtor is an individual. In a corporate chapter 7, the debtor is trying to have the trustee marshal its assets so that it pays its creditors fairly. In order to have a claim in a Chapter 7, the creditor must file a claim in the Chapter 7 Bankruptcy. This would include all types of creditors and interest holders. There is usually a claim’s bar date, and you as a creditor must make sure to file your claim timely or else you will not obtain your rightful priority or by failing to file a claim at all, you may not get paid even though you are entitled to it.
Creditors also have rights to object to a Chapter 7 because the debtor may not be qualified or because an individual doesn’t pass the means test or that the case may be forced to be converted to Chapter 13, where you can share in the debtor’s income for three to five years. There is also a time limit on filing of objecting to the discharge of the debtor because of their game playing in the Bankruptcy Court, for example, by failing to list all of their assets or for improper transfers before or after the bankruptcy is filed. There are also claims for fraud or improper fiduciary actions or willful destruction of property. The debt may be non-dischargeable. These types of debts require that a complaint be filed in a timely manner or filed within 60 days from the 1st day of a meeting of creditors or they will be forever barred. It is imperative that you look at the type of debt that you have and see if there is an exception to the discharge.
2. Chapter 13: “Chapter 13 plans have to be proposed in good faith and there are technical rules that need to be complied with. A creditor has a right to object and make sure that they get everything that they are entitled to. It is important to remember that there are short timelines. This would also include family law debts which may not be affected in a Chapter 7 but can be discharged in a Chapter 13. These would include breach of fiduciary duty or fraud claims against a spouse, and these would be lost if a complaint is not filed within 60 days of the meeting of creditors, or as ordered by the court (whichever is first).
3. Chapter 11: “In Chapter 11 bankruptcy, a debtor usually proposes a specific reorganization plan based on their financial circumstances. The plan can be objected to if it does not treat its creditor in a fair and organized way. Further, creditors have the ability to vote. Similar to other types of bankruptcy, there are short time limits for fraud, fiduciary misconduct, willful destruction-type debts and these types of debts need to be filed timely or they are forever barred even in a Chapter 11.
4. Secured Creditors: “Creditors who have liens on property including deeds of trust or purchase-money security interests in vehicles have special rights in all chapters of bankruptcy. Collection efforts are stopped because of the automatic stay when a bankruptcy is filed and our firm will help you obtain relief from that stay and make sure that your rights as a secured creditor are protected. There are special rules for single asset real estate cases which require payments within 90 days.
5. Creditors: If you are a creditor and a bankruptcy has to be filed, you should immediately contact a competent bankruptcy attorney to discuss your rights and possible remedies so that you don’t lose out on entitled claims because of short timelines. Please contact our office for a free initial phone consultation.
Consulting attorney
David Mark Sternberg
David Mark Sternberg
Location:
Walnut Creek, CA
Phone:
(925) 946-1400
Email:
dsternberg@davidsternberg-law.com
Areas Of Practice
- Administrative Hearings & Adjudication
- Administrative Investigations
- Administrative Law
- Alternative Dispute Resolution
- Arbitration
- Auto Dealer Fraud
- Banking & Finance Law
- Bankruptcy Law
- Bankruptcy Litigation
- Business & Commercial Law
- Business Organizations
- Business Successions
- Closely Held Businesses
- Collections
- Commercial Bankruptcy
- Commercial Leasing
- Commercial Real Estate
- Complex Litigation
- Condominiums & Cooperatives
- Construction Contracts
- Construction Law
- Construction Liens
- Consumer Bankruptcy
- Contracts
- Conveyancing
- Creditors' Rights
- Debt Discharge
- Debtor/Creditor
- Directors' & Officers' Liability
- Dissolution
- Eminent Domain
- Estate Administration
- Ethics
- Ethics & Professional Responsibility
- Federal Trial Practice
- Foreclosures
- Formation & Business Planning
- Franchising
- Garnishment
- Government Construction Contracts
- Housing & Construction Defects
- Joint Ventures
- Landlord/Tenant
- Lemon Law
- Lending & Secured Transactions
- Licensing
- Limited Liability Companies
- Litigation & Appeals
- Loan Workouts
- Mediation
- Mini-trials
- Mortgages & Foreclosures
- Partnerships
- Probate & Estate Administration
- Professional Responsibility
- Real Estate Law
- Reorganizations & Restructuring
- Residential Real Estate
- Secured Transactions
- State Trial Practice
- Title Insurance
- Toxic Mold
- Toxic Torts
- Transactions
- Trusts
- Wills
- Workouts
Certified Legal Specialties
- Certified Specialist in Bankruptcy Law by the State Bar of California
- Mediator
- California Real Estate Broker
Bar Admissions
- California, 1980
- U.S. District Court Northern District of California, 1980
- U.S. District Court Eastern District of California, 1986
- U.S. District Court Central District of California, 1990
- U.S. District Court Southern District of California, 1991
- U.S. Court of Appeals 9th Circuit, 1992
- U.S. Supreme Court, 1988
Education
- Golden Gate University School of Law, San Francisco, California
- J.D. - 1980
- Sangamon State University
- T.A. Education - 1994
- Major: Computer Programming and Education
- Antioch College, Ohio
- B.A. - 1974
- Major: Economics
Published Works
- "Civil Litigation in the Shadow of Bankruptcy", Contra Costa Lawyer, June, 1993
- "The Real Estate Market and Bankruptcy, Discussion of the Real Estate Crisis and Bankruptcy", Bar Journal, November, 2007
- "Inside the Minds: Chapter 7 Bankruptcy Strategies", Aspatore Books, 2008
- "Bankruptcy Forum: What Judges and Trustees Want You to Know", National Business Institute, January, 2011
Classes/Seminars
- Consumer Bankruptcy: Chapter 7: Step-By-Step Procedures, National Business Institute
- Consumer Bankruptcy: Tips from the Pros, National Business Institute
- Consumer Bankruptcy: Ethical Obligations for Debtors' Counsel
Honors and Awards
- Super Lawyer - Top 5% of Attorneys in California
- Bankruptcy Law Advisory Commission, Commissioner, 2003
Professional Associations and Memberships
- Alameda County, Mediator, Private Mediator
- Alameda County Superior Court Alternative Dispute Resolution Program, Court Panelist
- Alameda County Superior Court, Arbitrator
- Bankruptcy, Contra Costa County Bar Association, Member
- Continuing Education of the Bar, Legal Research Assistant, 1979 to 1981
- Contra Costa County Bar Association, Member
- Contra Costa County, Mount Diablo Municipal Court, Small Claims Judge Pro Tem, 1986 to 1986
- Contra Costa County Municipal Court, Arbitrator
- Contra Costa County Superior Court Alternative Dispute Resolution Program, Court Panelist
- United States Bankruptcy Court, Northern Division, Dispute Resolution Program, Court Panelist