M. David Minnick

David is a ‘standout’ bankruptcy lawyer who ‘knows how to get to a deal.’

—Chambers USA

Pillsbury senior partner David Minnick has been repeatedly recognized by Chambers USA for Bankruptcy/Restructuring and was named a “Lawyer of the Year” by Best Lawyers.

Dave represents financial institutions, lenders, landlords and other creditors in troubled financial situations, as well as buyers of businesses and assets from bankruptcies. Dave represents agents, syndicates and individual creditors dealing with distressed businesses. He handles workouts and restructurings, as well as creditors’ rights enforcement litigation and bankruptcy proceedings. Dave counsels parties on risks when dealing with a potentially insolvent target or counterparty.

Representative Experience

Recovered full $68 million loan to a bankrupt multistate dairy and calf-raising operation, plus attorney’s fees/expenses, for a lender despite its second priority position on several dairy and ranch loans.
Represented agent bank for $150 million syndicated loan to borrowers providing digital advertising based on personally identifiable information while also operating a prominent social media site.
Hired to reverse adverse judgment against financial institution’s nationwide procedures for chapter 7 debtors’ bank accounts. Obtained 9th Circuit decision validating client’s procedures. Defeated multiple related sanctions and class actions.

Represented agent for $325 million secured loan syndicate resulting in full repayment from borrower involved in consumer rental business nationally and internationally. Matter also involved significant second lien lender syndicate and intercreditor agreements.

Represented agent for syndicate with $65 million in credit to borrower providing FCC-regulated products and services that were the subject of ongoing disputes with agency. Matter involved second lien lender and equity sponsor.

Represented lender to borrowers with one of largest table grape and raisin operations in the country resulting in a restructuring with multiple related parties and extensive real estate collateral to secure obligations.

Represented lender to borrowers with significant almond growing orchards and an almond processing facility involving issues with regard to the rights of growers and processors under California and federal law.

Represented lender to one of the largest growers and suppliers of tulips and other flowers in North America. Situation involved the investment from a well-known private equity funding source to recapitalize operations.

Represented $75 million lender in bankruptcy of largest grower and distributor of palm trees in country, resulting in recoveries of 150% above value estimated by lender estimated for loan and collateral.

Hired by large international financial institution to address 9^th Circuit Bankruptcy Appellate Panel opinion that invalidated the institution’s nationwide procedure for dealing with customer bank accounts when they filed for chapter 7 bankruptcy.
- Defended the financial institution in multiple bankruptcy cases in several states from motions for sanctions and class actions seeking damages;
- Defeated every motion brought against the financial institution and had the class actions dismissed. One class action was appealed to the district court, which upheld the dismissal.
- Ultimately obtained ruling from the 9^th Circuit Court of Appeals reversing the BAP decision and validating the client’s national procedure.

Other Representative Matters
- Represented agent for $80 million loan to major international law firm resulting in recovery of entire loan during bankruptcy case. Defended and settled favorably preference litigation due to alleged termination of lenders’ UCC-1 filing.
- Represented $600 million mortgage warehouse lender to mortgage financer resulting in recovery of 98% of loan through liquidation of the mortgage loan portfolio.
- Represented the creditors’ committee in the Hexcel Corporation chapter 11 proceeding resulting in a 105% return for creditors of the publicly traded company.
- Represented the agent for a lender group restructuring the obligations of a publicly traded health care company.
- Represented the agent for a lender group in the bankruptcy of a publicly traded company involved in dealing with radioactive waste materials.
- Represented winning bidder for the U.S. operations of a bankrupt manufacturer in Houston.
- Represented primary secured lender in the chapter 11 of one of Hawaii’s largest sugar plantations.

Professional Highlights

Recognized by Chambers USA, Bankruptcy/Restructuring (2007 – 2018) and Super Lawyers (2004 – 2019).
Recognized by Best Lawyers (published by BL Rankings LLC) as the “Lawyer of the Year” for Creditor Rights/Insolvency and Reorganization Law – San Francisco (2016); Litigation Bankruptcy – San Francisco (2021 – 2022). Recognized in its Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law and Litigation – Bankruptcy categories (2013 – 2023).
Served on the executive committee of the Commercial Law and Bankruptcy Section of the Los Angeles County Bar Association and on the UCC committee of the California State Bar.

Honors & Awards
- The Legal 500 U.S., Insolvency & Restructuring (2014 – 2015)
- PLC Which Lawyer?, Bankruptcy & Corporate Reorganization—San Francisco & Silicon Valley (2010 – 2012)
- Super Lawyers (2004 – 2019)

External Publications
- “Additional Risks Landlords Should Consider When Taking Letters of Credit from Commercial Lease Tenants,” The Real Estate Finance Journal, Fall 2009. Co-Author.

Firm Publications
- “Landlord Alert: Limitations on Strategic Bankruptcy Filings by ‘Healthy’ Companies to Cap Long-Term Lease Obligations,” November 10, 2004. Co-Author.

Education

J.D., University of Michigan Law School, 1972
with honors

B.A., University of Michigan, 1968

Admissions

California

Courts

U.S. Supreme Court

U.S. Court of Appeals for the Ninth Circuit

U.S. District Court for the Northern District of California

U.S. District Court for the Central District of California

U.S. District Court for the Eastern District of California

Representative Experience

Professional Highlights

David's Insights