Mikel R. Bistrow practices in the areas of commercial finance and lending, real and personal property secured transactions, Uniform Commercial Code, creditor's collection and related remedies, bankruptcy, insolvency and work-outs. Ms. Bistrow's finance practice emphasizes representing lenders and borrowers in documenting and negotiating real and personal property loans and secured transactions, including revolving lines of credit, asset based loans, securitized credits and construction financing.

Ms. Bistrow, a seasoned lecturer throughout California and nationally and a published author, is included in The Best Lawyers in America (1995-2008 editions) and in The Best Lawyers in San Diego (San Diego Magazine, April 2008, April 2007, April 2006, April 2005 and September 2001 editions), was named a "Super Lawyer - San Diego" (Law & Politics, May 2007 and 2008), was selected as a San Diego Top Attorney (San Diego Daily Transcript, May 2007) and was named one of Corporate Counsel magazine's "Best Lawyers," 2005. Ms. Bistrow is a member of the Business Law Section and the Uniform Commercial Code and the Business Bankruptcy committees of the American Bar Association; a former member and co-chairperson of the Uniform Commercial Code Committee and former member of the Executive Committee and treasurer of the Business Law Section of the State Bar of California; a founding member of the San Diego Bankruptcy Forum and a former member of the Board of Directors of the California Bankruptcy Forum; a member of the Editorial Board of San Diego Lawyer Magazine; and serves as a mediator for the U.S. Bankruptcy Court for the Southern District of California. Ms. Bistrow is also Board Certified in Business Bankruptcy Law by the American Board of Certification.

Ms. Bistrow is admitted to practice in California and before the U.S. District Court for the Southern, Northern, Central and Eastern districts of California, the Ninth Circuit Court of Appeals and the U.S. Supreme Court. She is a 1981 graduate of the University of Michigan Law School and an honors graduate of the University of Michigan.

Areas Of Practice

Real and Personal Property Secured Transactions
Uniform Commercial Code
Creditor's Collection and Remedies
Bankruptcy
Insolvency
Business Reorganization and Workouts
Commercial Finance and Lending

Representative Matters

Represented borrower in project finance loan secured by a biomass power plant facility in Bieber, California
Represented lender in inventory floor finance transactions for automobile and motorcycle dealerships and related dealership site acquisition loans in California and Arizona
Represented lender in $100,000,000 loan to health-care provider secured by health-care receivables
Represented borrower in the restructure of a $20,000,000 secured loan facility concerning a high-security facility leased to the United States government located in Fresno, California
Represented lender in multiple high-end condominium construction loans to various borrowers in San Diego, California
Represented public company borrower in $95,000,000 acquisition loan and convertible note issuance relating to merger
Represented borrower as California counsel in $110,000,000 debt issuance secured by natural gas leases and related property in California
Represented borrower in $150,000,000, $144,000,000, $110,000,000 and $99,000,000 construction loans for luxury condo projects in San Diego, California
Represented borrower in finance of construction of timeshare/club points projects in Escondido, California, Branson, Missouri and Cabo, Mexico and related inventory loans
Represented lender in $14,700,000 construction loan for museum in San Diego, including negotiating development agreements with San Diego Redevelopment Agency
Represented lender in multiple construction loans for build-to-suit industrial buildings in border area of San Diego, California
Represented borrower in $25,000,000 line of credit to finance manufactured home dealer loans
Represented lender in $10,000,000 line of credit secured by publicly traded REIT Units
Represented lender in $250,000,000 loan to consolidate real estate holdings across United States
Represented lender in revolving credit to group of affiliated borrowers secured by securities and annuity contracts
Represented lender in $36,000,000 construction loan for hotel and multi-use project in the Gaslamp District, San Diego
Represented lender in revolving term loan secured primarily by trademarks and other intellectual property
Represented borrowers in series of multimillion-dollar loans secured by self storage facilities
Represented borrower in $80,000,000 asset based cross-border revolving line of credit involving multiple related entities
Represented drug manufacturer borrower in $50,000,000 revolving loan facilities
In re Palomar Mountain Spring Water - represented debtor in Chapter 11 reorganization
In re Checkerboard Square, LLC - represented Trustee in Chapter 11 reorganization
In re Cimms, Inc., et al. - represented affiliated Burger King franchisee debtors in Chapter 11 reorganization
In re Telios - represented official committee of common shareholders committee in Chapter 11 reorganization of public company debtor
In re Sym-Tek Systems - represented official reconstituted unsecured creditors committee in Chapter 11 reorganization of public company debtor
In re SonicBlue Inc., et al. - represented official unsecured creditor's committee in Chapter 11 case of public company debtor

Professional Activities

American Bar Association
- Section of Business Law
-- Business Bankruptcy Committee
-- Uniform Commercial Code Committee
State Bar of California
- Business Law Section
-- Executive Committee, 1994-1997
--- Treasurer, 1995-1997
-- Uniform Commercial Code Committee, 1991-1994; 1999-2002
--- Co-chair, 2001-2002
San Diego County Bar Association
- Commercial Law Section
-- Secretary, 1988
- Bankruptcy Section
-- Chairman, 1987
Mediator, United States Bankruptcy Court for the Southern District of California, 1986-present
Member, Bankruptcy Judge Selection Panel, Southern District of California, 1987
Board Certified - Business Bankruptcy Law - American Board of Certification

Admissions

Supreme Court of the United States
California
United States District Courts for the Southern, Northern, Central and Eastern Districts of California
United States Court of Appeals for the Ninth Circuit

Education

University of Michigan Law School, J.D., 1981

Experience

Duane Morris LLP
- Partner, 2003-present
Luce, Forward, Hamilton & Scripps LLP, San Diego, California
- Partner, 1988-2003
- Associate, 1982-1987

Board Memberships

Editorial Advisory Board, San Diego Lawyer Magazine, 2002-2004
Board of Directors, San Diego Wholesale Credit Association, 1992-1993
Editorial Board, California Bankruptcy Journal, 1989-1993
Board of Directors, California Bankruptcy Forum, 1989-1990
Vice President and Member of Board of Directors, San Diego Bankruptcy Forum, 1989-1990

Honors and Awards

Named a "Super Lawyer - San Diego" (Law & Politics, May 2007 and 2008)
Named as one of Southern California's Best Lawyers for 2008 by the Los Angeles Times
Listed in The Best Lawyers in America (Woodward White, Inc.), 1999-2008
Listed in The Best Lawyers in San Diego (San Diego Magazine, April 2008, April 2007, April 2006, April 2005 and September 2001 editions)
Nominated for "Women Who Mean Business" Award by San Diego Business Journal, 2005
Named one of Corporate Counsel magazine's "Best Lawyers," 2005
TWIN Award ( Tribute to Women and Industry), 1997
Listed in the Madison Who's Who Among Executives and Professionals ( 2006-2007 "Honors Edition")

Selected Publications

Featured in "Structured Debt Complicates Dealing with Troubled Loans," California Real Estate Journal, April 7, 2008
Co-author (with Steven O. Weise), "Boilerplate Provisions in Transactional Documents: How to Stay Out of Trouble," California Business Law Practitioner, Vol 20, No. 3, Summer 2005
Co-author, "Waiver of Bankruptcy Protections in Pre-Bankruptcy Workout Agreements" Business Workouts Manual, Warren, Gorham & Lamont, 2004, and earlier and updated editions
Co-author, "Bankruptcy for Non-Bankruptcy Lawyers", The Rutter Group, 1998
Waiver of Bankruptcy Protections in Pre-Bankruptcy Workout Agreements, Loyola Consumer Law Reporter, Vol. 8, No. 4, 1996
Contributing Author, Bankruptcy Practice: Fifth Annual Recent Developments, Continuing Education of the Bar (CEB), 1996
Contributing Author, Bankruptcy Practice: Fourth Annual Recent Developments, Continuing Education of the Bar (CEB), 1995
Bankruptcy Fundamentals (The Rutter Group, 1994)
"Leases and Bankruptcy: Any Hope for Landlords?" The National Network Quarterly, March 1994
Sales & Leases in California Commercial Law Practice (CEB, 1993 - consultant)
Contributing Author, "Secured Loan Checklist," Financial Lawyers Conference of Southern California, 1994
Contributing Author, Bankruptcy Practice: Third Annual Recent Developments, Continuing Education of the Bar (CEB), 1994
Contributing Author, Bankruptcy Practice: Second Annual Recent Developments, Continuing Education of the Bar (CEB), 1993
Co-author, "How to Protect Secured Interests in Bankruptcy in California," National Business Institute, 1993
Contributing Author, Bankruptcy Practice: Recent Developments, Continuing Education of the Bar (CEB), 1992

Selected Speaking Engagements

Speaker, "Anti-Trust Issues Affecting Trade Groups," National Association of Credit Managers Western Region Credit Conference, Las Vegas, Nevada, October 18, 2007
"Bankruptcy Issues in Divorce," Rutter Group program, San Francisco and Los Angeles, September 24 and 25, 2007
Speaker/moderator, "Second Lien and Intercreditor Arrangements," American Conference Institute, New York, September 27-28, 2006
Speaker, "Bankruptcy Abuse and Prevention Act," Hospitality Industry Credit Group and Credit Group of the National Association of Credit Management seminar, September 12, 2006
Moderator and Lead Speaker, "Real Estate Lending Requirements and Loan Documentation," Lorman seminar, San Diego, California, August 22, 2006
Speaker, "Mechanics Lien Law & Related Remedies," National Association of Credit Managers, San Diego, 2006
Speaker, "Defeasances in Real Estate Financing - the Good, the Bad and the Ugly," American Bar Association, Tampa, Florida, April 8, 2006
Speaker, "An Overview of the New Bankruptcy Laws," NACM/CFDD San Diego Chapter, March 16, 2006
Speaker, "Bankruptcy Abuse Prevention and Consumer Protection Act of 2005," December 9, 2005
Speaker, "2nd Annual Women in Leadership Conference," University of San Diego's School of Business, April 2005.
"Innovative Financing of the Closely-Held and Family Business," Entrepreneurial Management Center of the College of Business Administration of San Diego University, February 2005
Speaker, "Insurance: What Every Lender Should Know But is Afraid to Ask," San Diego National Bank Seminar, January 2005
"Bankruptcy Taxation", 8th Annual Tax and Accounting Institute, San Diego, California, November 2004
"What Every Unsecured Creditor Should Know About Being A Secured Creditor," Western Regional CFDD Conference, San Diego, California, February 19-20, 2004
"Credit Collection--Is It Legal? Is It Ethical?", Western Regional CFDD Conference, San Diego, California, February 19-20, 2004
"Doing Business With Indian Tribes," Western Regional CFDD Conference, San Diego, California, February 19-20, 2004
Overview of Bankruptcy (San Diego CFDD - affiliated with the San Diego Chapter of the National Association of Credit Managers, October 10, 2003)
Credit Applications and Procedures (National Lighting and Fixtures Group, San Diego Credit Association, April 2003)
A Creditor's Guide to Bankruptcy / Reclamation, Stoppage in Transit and Other Return of Goods Remedies (San Diego Credit Association, February 2002)
Current Issues in Intellectual Property Financing (Financial Lawyers Conference, Los Angeles, January 2002)
Emerging Issues in Real Property Financing: Securitized Financing (CEB, San Diego, January 2001)
Bankruptcy "Must Know" Topics! (The Rutter Group, San Diego, November 2000)
Revised Article 9 (San Diego Bankruptcy Forum, San Diego, October 2000)
Taking, Holding and Enforcing Real Property Security (CEB, San Francisco, Orange County, Los Angeles, November 1998)
Secured Real Property Transactions (CEB, San Diego, June - July 1998)
Bankruptcy for Nonbankruptcy Lawyers (The Rutter Group, San Diego, Orange County, Los Angeles and San Francisco, California, May - June 1998)
Letters of Credit: Just When You Thought It Was Safe To Go Back In The Water (Commercial Law Section, San Diego County Bar Association, June 1996)
How to Deal with Your Law Practice's Bank: Practical and Ethical Considerations (California State Bar, Spring Section Education Institute, May 1996)
Bankruptcy Practice: Fifth Annual Recent Developments (CEB, March 1996)
Executory Contracts: Still Crazy After All These Years (Financial Lawyers Conference, September 1995)
Proving Valuation: Trial Testimony in the High Tech Age (San Diego Bankruptcy Forum, June 1995)
Guaranties (Business Law Section of the State Bar of California, Annual Spring Program, San Diego, June 1995)
Treatment of Intellectual Property Licenses in Bankruptcy (ABA Spring Meeting, San Antonio, Texas, March 1995)
Drafting Bankruptcy Avoidance Agreements (ABA Spring Meeting, San Antonio, Texas, March 1995)
Fourth Annual Recent Developments in Bankruptcy Law (CEB, March 1995)
Bankruptcy Fundamentals (The Rutter Group, San Francisco, Los Angeles, Irvine, San Diego, September 1994 (Program Chairperson))
Negotiating "No Second Bite" and Other Bankruptcy Waivers in Debt Restructuring (ABA Annual Meeting, New Orleans, August 1994)
How to Get Results in Collection of Delinquent Debts (National Business Institute, San Diego, California, July 1994)
Enforcement and Advisability of Pre-Bankruptcy Waivers of Debtor's Rights (Real Property Law Section of the State Bar of California, Annual Retreat, Coronado, California, April 1994)
Third Annual Recent Developments in Bankruptcy Law (CEB, March 1994)
Receiverships: Selected Issues (Real Property Section of the San Diego County Bar Association, February 1994)
Leases and Bankruptcy: Is There Any Hope For Landlords? (Presented in conjunction with Grubb & Ellis, San Diego, California, December 1993)
Boilerplate Provisions... The Stuff You Always Forget (State Bar of California, 1993 Fall Section, Education Institute, San Diego, California, November 1993)
The Enforceability of Pre-Bankruptcy Waivers of Debtor's Rights (Business Bankruptcy Section of the ABA, Orlando, Florida, October 1993)
The Effect of Bankruptcy on Secured Lenders (California State Bar Annual Convention, Real Property Section, October 1993, San Diego, California)
Advising Corporations in Financial Difficulties (The Rutter Group, San Diego and Orange County, California, September 1993)
How to Protect Secured Interests in Bankruptcy in California (National Business Institute, San Diego, California, July 1993)
Drafting Forbearance Agreements (Business Bankruptcy Section of the ABA, New Orleans, April 1993)
Avoiding Malpractice in Bankruptcy (Lawyers Mutual Insurance Company, San Diego, California, April 1993)
Twelve Traps for the Unwary; What Every Trial Lawyer Better Know About Bankruptcy Court (Association of Business Trial Lawyers of San Diego, San Diego, California, May 1993)
Bankruptcy Law Seminar (University of San Diego, January 1993; January 1994)
Treatment of Leases in Bankruptcy (WICRE, November 1992)
Fundamentals of Bankruptcy (Federal Bar Association, San Diego, October 1992)
Overview of Federal Bankruptcy Proceedings (Federal Litigation Institute, La Quinta, California, October 1992)
Elusive Equity in Real Estate (Bankruptcy Section of San Diego County Bar Association, September 1992)
Use of Cash Collateral in Bankruptcy (California Bankruptcy Forum, Indian Wells, May 1992)
Alternatives to and Overview of Bankruptcy (Hotel/Motel Brokers of America, Scottsdale, Arizona, January 1992)
Selected Bankruptcy Issues (CEB, September 1989, April 1991 and March 1992)
Receiverships (Real Property Section of San Diego County Bar Association, January 1992)
Treatment of Leases in Bankruptcy (WICRE, November 1991)
Post-Bankruptcy Financing (Bankruptcy Section of San Diego County Bar Association, October 1991)
Attachment, Execution and Other Creditor Remedies (The Rutter Group, May 1991)
Troubled Hotel Properties (International Society of Hospitality Consultants Spring Symposium; Atlanta, March 1991)
Secured Lending and Collateral Control (Infocast, Los Angeles, November 1990 (Chairperson); Los Angeles, April 1990)
Pre-Bankruptcy Workouts (California Bankruptcy Forum, Palm Springs, June 1990)
Documenting the Commercial Loan (Infocast, Los Angeles, November 1990; San Francisco, June 1990 (Chairperson); Los Angeles, October 1989)
What to Do If Your Bills Exceed Your Paycheck (The Learning Annex, May, June, July, August and September 1990)
Real Estate Construction Lending (Infocast, San Diego, April 1990)
KCEO AM 1000 "Money in the Morning" talk show: topic: Bankruptcy (San Diego, April 1990)
Today's Multi-Bank Credits and Asset Sales (Infocast, Los Angeles, California, November 1989)
Mechanic Lien Remedies and Bankruptcy Law (Financial Lawyers Group, April 1990; Bankruptcy Section of the San Diego County Bar Association, November 1989)
The New Local Bankruptcy Rules (San Diego Bankruptcy Forum, September 1989)
Insider Preferences (Bankruptcy Section of San Diego County Bar Association, July 1989)
Fundamentals of Bankruptcy (U.S. Department of Housing and Urban Development, June 1989)
Bankruptcy Litigation Seminar (Professional Education Systems, November 1988)
Enforcing Judgments (The Rutter Group, November 1987 and 1989)
Security Interests in Executory Contracts (ABA Business Bankruptcy/Secured Creditors Committees, New Orleans, October 1987 and Bankruptcy and Financial Law Sections of San Diego County Bar Association, August 1988)
Fundamentals of Bankruptcy (Continuing Education for Paralegal Training, 1987 and 1989)
Fundamentals of Bankruptcy (Bridging the Gap Seminar, San Diego County Bar Association, February 1987)
Mechanic's Liens and Related Remedies (in conjunction with San Diego Wholesale Credit Association, June 1986)
Symposium on Reorganization and Liquidation without Adjudication (in conjunction with San Diego Wholesale Credit Association, May 1986)
Unauthorized Use of Cash Collateral (Bankruptcy Section of San Diego County Bar Association, May 1986)
Overview of Bankruptcy Law (San Diego Community College, March 1985)
"Selected Topics Under Revised Article 9" (California CEB, January 9, 2004)