Darvy Mack Cohan

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Location:

San Diego, CA

Phone:

Fax:

858-454-3548

Email:

La Jolla, California, Bankruptcy Attorney and Business Litigator

Darvy Mack Cohan routinely achieves his clients' objectives through litigation. He has done this with thorough preparation that keeps the best interests of the client firmly before him. His career has spanned more than 30 years-years in which he has learned that involving the client throughout the legal process usually produces the best results.

Focusing on bankruptcy and business litigation

He represents individuals, businesses and business owners. He focuses on solving legal problems involving debt relief and creditor’s rights in bankruptcy, and cases involving contracts, business formation and real estate. He appears for clients in these and in other matters in state superior and appellate courts as well as in all federal district and bankruptcy courts in California; he also handles appeals in the Ninth Circuit Court of Appeals.

In all matters, he is mindful of the client's concern about legal costs. Attorney Darvy Mack Cohan brings to his client's matters the expertise and experience of a large law firm while providing the efficiency of a one-on-one relationship between the attorney and the client. He thus avoids duplication of efforts and expenses that often result when several lawyers work on the same case. He has gained a reputation as an efficient lawyer who works hard for his clients and is AV* rated by his peers through by Martindale-Hubbell's peer review rating service for attorneys.

Debtor representation in Chapters 7, 11 and 13 and Bankruptcy litigation and Appeals

He has successfully obtained debt relief and a fresh start for many bankruptcy clients, both individuals and businesses through the filing of Chapter 7 bankruptcy petitions, where applicable, or through successful redorganizations under Chapter 11 or Chapter 13. He has more than 25 years experience as a creditors' rights attorney, representing creditors in fraud and other non-dischargeable debt matters, as well as in relief from stay for the recovery of secured real property and personal property. However, he uses his experience and understanding of the bankruptcy code to defend debtors in bankruptcy litigations and to represent business debtors, especially small business debtors, in bankruptcy reorganizations.

Areas of Practice

  • Business and Commercial Litigation and Appeals
  • Real Estate Litigation
  • Probate and Trust Litigation
  • Contracts
  • Fraud and Credit Card Fraud Litigation
  • Creditors' Rights in Bankruptcy
  • Bankruptcy Litigation and Appeals

Bar Admissions

  • California, 1973
  • U.S. District Court Southern District of California, 1973
  • U.S. District Court Central District of California, 1982
  • U.S. District Court Northern District of California, 1983
  • U.S. District Court Eastern District of California, 1983
  • U.S. Federal Courts, 1973
  • U.S. Court of Appeals 9th Circuit, 1985
  • U.S. Bankruptcy Court, 1973

Education

  • California Western School of Law, San Diego, California
    • J.D. - 1973
  • United States Coast Guard Academy, New London, Connecticut
    • B.S.
    • Major: Engineering

Published Works

  • Associated Home Builders v. City of Walnut Creek: California's Misdirected Quest for Park and Recreation Space, 8 Cal. W. L. Rev. 129, 1972

Representative Cases

  • In re. Eashai, 87 F3d 1082, 1996, 9th Cir. Court of Appeals, 1996147215
  • In re Turner, 186 B.R. 108, 1995, 9th Cir. Bkrtcy App. Panel, 1995182025
  • In re Lee, 186 B.R. 695, 1995, 9th Cir. Bkrtcy App. Panel, 1995195549
  • In re Eashai, 167 B.R. 181, 1994, 9th Cir. Bkrtcy App. Panel, 1994123917
  • In re Premier Golf Properties, LP, 477 B.R. 767, 2012, Cir. Bkrtcy App. Panel
  • Cox Cable San Diego v. Bookspan, 195 Cal. App. 3d 22, 1987, California Court of Appeals, 1987117760
  • Lochman v. Cabrillo Pacific University, 123 Cal. App. 3d 941, 1981, California Court of Appeals, 1981141258

Representative Clients

  • CitiBank
  • Wells Fargo Bank

Professional Associations and Memberships

  • State Bar of California, Member
  • La Jolla Bar Association, Member
  • San Diego Bankruptcy Forum, Member
  • Orange County Bankruptcy Forum, Member
  • Inland Empire Bankruptcy Forum, Member

Past Employment Positions

  • United States Coast Guard (Regular and Reserve), Captain (Ret.), 1965 to 2003