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R. Dale Ginter

R. Dale Ginter

Partner

621 Capitol Mall
18th Floor
Sacramento, CA 95814
Areas of Law:

Bankruptcy and Commercial, Business Insolvency, Corporate/Real Estate, Creditors' Rights

email:
 dginter@downeybrand.com
phone:
 (916) 444-1000
fax:
 (916) 444-2100
Admitted to Practice in:

California

Experience

Co-Chair of Downey Brand's Litigation Practice Management Group.

Mr. Ginter has been involved in all aspects of bankruptcy practice and litigation since 1981. His practice has focused primarily on business insolvencies and workouts. Mr. Ginter has experience with virtually every sort of major issue that might be expected to arise in a business insolvency or workout situation.

Real Estate
Mr. Ginter successfully protected the interests of several landlords in both the Montgomery Wards and K-Mart bankruptcies.

Every real estate constituency (owner, secured creditor, tenant and bankruptcy trustee) has been represented by Mr. Ginter in various cases. This includes matters dealing with shopping centers, hotels, office buildings, agricultural land, industrial property and undeveloped land.

As one example Mr. Ginter was the lead partner representing the investors in a Chapter 11 reorganization of approximately 150 syndicated limited partnerships. These partnerships were ultimately merged into a single, publicly registered limited liability company in a manner that preserved investor value and avoided a tax recognition event.

Real Estate Financing (Private and Public)—Mr. Ginter has been involved in a large number of financing transactions. In conjunction with other Downey Brand practice groups, Mr. Ginter has authored opinion letters on project financings. He has been involved in a number of municipal financings of private developments, either through some type of bond issuance, or more directly through redevelopment agency or city loans.

Energy, Utilities, and Natural Resources
Downey Brand also has an extensive practice in water, environmental, oil & gas, and mining. Mr. Ginter has represented clients in conjunction with all of these areas. Examples include:

Public and private entities who were counterparties to forward contracts and swap agreements with Enron.

Merced Irrigation District (and other partner) in the Pacific Gas & Electric Company bankruptcy.

Joint Powers Authority ("JPA") with regard to its 130 megawatt geothermal power plant when its steam supplier filed chapter 11.

A major secured creditor with regard to a consensual chapter 11 workout of a large "windmill" farm.

Many aspects of numerous co-generation facilities.

The valuing, lending, purchase and sale of water rights.

The collateralization and workouts of mining interests.

Oil and gas title opinions, as well as assisting in the structuring, workout and handling of bankruptcies involving oil and gas matters.

Agriculture
We have represented secured creditors such as CIGNA, Bank of America, and others with regard to loan documentation, securitization, and work-outs. This work has ranged from an ordinary "land loan" to major agri-business loans secured by farm products, accounts receivable, equipment inventory and the like.

Representative Clients

•  Marvin L. Oates

•  Sacramento-Yolo Port District

•  AirTouch (Verizon) Cellular

•  Sutter Health

•  Merced Irrigation District

•  Stone Brothers

•  California Statewide Communities Development Authority

MEMBERSHIPS

American Bar Association, Business Law Section, Member

Sacramento County Bar Association, Bankruptcy and Commercial Law Sections, Member

State Bar of California, Business Law Section, Member

American Bankruptcy Institute, Rules Committee, Member

Sacramento Valley Bankruptcy Forum, Member

Turnaround Management Association, Member

California Receivers Forum, Member

United States District Court for the Southern District of California, Admitted to Practice

EDUCATION

University of the Pacific, McGeorge School of Law (J.D., cum laude; Order of the Coif, 1981)
Moravian College and Theological Seminary (B.A., 1972)

PRESENTATIONS

State Bar of California, Northern California Commercial Leasing Group, “Impacts of the Montgomery Ward Chapter 11 Bankruptcy,” 2001, Presenter

Uniform Commercial Code, Lincoln Law School 1989-present, Instructor

Various Continuing Legal Education Programs, Panelist and Speaker

CHARITABLE

American Red Cross, Sacramento Sierra Chapter, Board of Directors, Former Chairman

USAFR (Retired), Major