Geoff Heaton practices in the area of business reorganization and financial restructuring, concentrating on representation of secured creditors, chapter 11 and chapter 7 trustees, creditors' committees and unsecured creditors. Mr. Heaton has many years of experience in all facets of chapter 11 practice, including contested plan confirmation proceedings, asset sales, cash collateral disputes, claim objections, adversary proceedings, motions for relief from stay, motions to excuse turnover by a custodian and bankruptcy appellate practice.
Mr. Heaton has represented senior secured lenders in chapter 11 cases throughout California and Nevada involving various types of commercial property collateral, including shopping centers, office buildings and storage facilities. Mr. Heaton also represents chapter 7 trustees in cases throughout the Northern District of California.
Prior to entering private practice, Mr. Heaton served as judicial law clerk to the Honorable James R. Grube, United States Bankruptcy Court for the Northern District of California.
Mr. Heaton is a member of the State Bar of California, the Bay Area Bankruptcy Forum, and the California Receivers Forum. Mr. Heaton is a 1999 graduate of Wake Forest University (J.D. and M.B.A.) and a summa cum laude graduate of the University of Pittsburgh, where he was elected to Phi Beta Kappa.
Representative Matters
Represented creditors' committee in chapter 11 case of publicly traded Silicon Valley audio/video hardware manufacturer
Represented chapter 11 trustee in bankruptcy case of San Jose-based graphics chip designer and manufacturer
Counsel to liquidating trustee in chapter 11 case of bitcoin mining hardware manufacturer
Represented pipeline construction company and secured creditor in chapter 9 case of City of Stockton, California
Represented creditors' committee in chapter 11 case of Nevada casino
Served as special counsel to debtor-in-possession in chapter 11 case of national law firm
Counsel to creditors' committee in chapter 11 case of investment firm that operated a Ponzi scheme
Counsel to chapter 7 trustee in bankruptcy case of publicly traded biopharmaceutical company
Represented chapter 7 trustee in bankruptcy case of medical diagnostic and monitoring device developer
Represented creditors' committee in chapter 11 case of precision optics company
Counsel to chapter 7 trustee in bankruptcy case of home electronics manufacturer
Counsel to chapter 7 trustee in bankruptcy case of Napa winery
Admissions
- California
- U.S. District Court for the Northern District of California
- U.S. District Court for the Eastern District of California
- U.S. District Court for the Central District of California
- U.S. District Court for the Southern District of California
- U.S. Court of Appeals for the Ninth Circuit
Education
- Wake Forest University School of Law, J.D., 1999
- Wake Forest University, Babcock Graduate School of Management, M.B.A., 1999
- University of Pittsburgh, B.A., summa cum laude, Phi Beta Kappa, 1995
Experience
- Duane Morris LLP
- Special Counsel, 2008-current
- Associate, 2006-2008 - Buchalter Nemer, PC
- Associate, Financial Restructuring and Insolvency Practice Group, 2001-2006 - U.S. Bankruptcy Court for the Northern District of California
- Judicial Law Clerk, Honorable James R. Grube, 1999-2001
Professional Activities
- Bay Area Bankruptcy Forum
- California Receivers Forum
Selected Publications
- Co-author, "A Debtor's Failure to Properly Schedule a Debt in an 'Asset Case' Renders That Debt Nondischargeable," The Legal Intelligencer, June 24, 2024
- Co-author, "Failure to Timely Object Can Lead to an Enormous Exemption Loophole: A Cautionary Tale," The Legal Intelligencer, March 27, 2023
- Co-author, "Pursuing Criminal Charges Against a Debtor May Violate Automatic Stay and Discharge Injunction," The Legal Intelligencer, May 20, 2021
- Co-author, "Selling a Claim Does Not 'Wash' the Claim From Disallowance Under Section 502(d)," The Legal Intelligencer, August 13, 2020
- Co-author, "Bankruptcy Court Denies Motion for Fee Enhancement Under 'Common Fund Doctrine'," The Legal Intelligencer, December 26, 2019
Co-author, "A Creditor’s Sophistication Weighs Against a Finding of Excusable Neglect," The Legal Intelligencer, June 28, 2019
- Author, "U.S. Bankruptcy Court in California Issues Decision on Enforceability of Prepetition Waivers of the Automatic Stay," Duane Morris Alert, May 4, 2016
- Co-author, "2014 Year End Review: Recent Developments in Business Bankruptcy," The Receivership News, Winter/Spring 2015
Selected Speaking Engagements
- Speaker, "Chapter 7 Trustee Practice 101," The Bar Association of San Francisco presentation sponsored by the Business, Commercial and Bankruptcy Section of the Barristers Club, San Francisco, California, November 8, 2007