Kenneth J. MacArthur
Mr. MacArthur’s practice is focused on business and commercial litigation. He has extensive experience in matters involving lending, equipment leases, secured transactions, and real estate financing and foreclosures.
Mr. MacArthur’s practice covers all aspects of creditors’ rights and commercial collections, including pre-litigation negotiations, pre-judgment remedies, mediation, arbitration, sister state judgments, judgment enforcement, claims in bankruptcy, defense of preference and fraudulent transfer claims, and appeals.
Mr. MacArthur also represents financial institutions defending against wrongful foreclosure, unfair competition, Truth-In-Lending Act, Real Estate Settlement Procedures Act, Fair Credit Reporting Act and Fair Debt Collection Practices Act claims.
Before law school, Mr. MacArthur served as a surface warfare officer in the U.S. Navy.
- Representation of real estate investor and limited partner in dispute with general partner, lender and tenant concerning limited partnership investments, ownership of an office building, and real estate lease and guaranty.
- Representation of lender in quiet title action brought by purchaser of REO property.
- Representation of Small Business Administration lender in an action against borrower for judicial foreclosure and deficiency judgment, and in a subsequent Chapter 11 bankruptcy
- Defense of lender in wrongful foreclosure actions brought in California Superior Court and in the U.S. District Court for claims for Fair Debt Collection Practices, breach of the covenant of good faith and fair dealing, injunctive and declaratory relief, fraud, unfair competition, and quiet title.
- Representation of equipment lessor in action against lessee for breach of lease, and defense against lessee’s claims for breach of contract and breach of warranty.
- April 2019 Co-Author of Update to Chapter 6, “Derivative Suits and Securities Litigation” of Counseling California Corporations (CEB), 3rd Ed.
- January 2015 Co-Author, Chapter 6, “Derivative Suits and Securities Litigation” of Counseling California Corporations (CEB), 3rd Ed.
- April 2007 Advising and Defending Corporate Officers and Directors
- TG Expertise in CEB