Robert McWhorter’s practice focuses on representing financial institutions and business entities in commercial, business and bankruptcy litigation. He has extensive experience handing lender liability actions, franchise litigation, bankruptcy, insolvency law, creditors’ rights, real estate disputes, corporate dissolutions, loan workouts and restructuring, receiverships, and litigation involving business torts and contract law. He has handled multiple complex liability claims against officers and directors of corporate entities. Through his bankruptcy and commercial practice, Mr. McWhorter possesses substantial expertise handling Article 9 issues under the Uniform Commercial Code.
While at his last firm, Mr. McWhorter served as the chair of Financial Services, Banking, and Bankruptcy Practice Group. He has defended national banking associations and/or receivers for failed financial institutions in lender liability actions. His experience includes cases involving the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. §§ 2601 et seq., the Truth in Lending Act (TILA), 15 U.S.C. §§ 1601 et seq. (TILA), the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. §§ 1692 et seq., the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. §§ 1681, the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (FIRREA), 12 U.S.C. §§ 1821 et seq., the Rosenthal Fair Debt Collection Practices Act (RFDCPA), California Civil Code §§ 1788 et seq., the Unfair Competition Law, California Business and Professions Code §§ 17200, and the California Homeowner Bill of Rights.
Mr. McWhorter has represented secured and unsecured lenders, trustees, troubled companies and individuals in Chapter 7 and 11 bankruptcy proceedings, reorganizations and out-of-court restructurings. He also has represented clients in all aspects of debt restructurings, reorganizations, and debt enforcement, including real and personal property foreclosures. In addition, Mr. McWhorter has represented clients in Chapter 9 bankruptcy proceedings, including California’s AB 506 process and has represented receivers in state court proceedings. His experience spans a wide range of industries, including real estate, manufacturing, and healthcare industries. His clients have included banks, pension funds, automotive suppliers, manufacturing companies, employee leasing companies and mortgage companies.
His experience extends to representing beneficiaries, trustees and court-appointed special masters in contested trust litigation matters. His representation has included defending two beneficiaries in a contested breach of fiduciary action involving a multimillion real estate trust and co-trustee against other co-trustees for misconduct concerning trust administration.
Mr. McWhorter has extensive background in administrative law and healthcare, representing physicians and hospitals in disciplinary proceedings before state and federal agencies, including the Medical Board of California. He represented a county health plan against the State of California challenging the establishment of capitation rates under Medi-Cal.
From 2013 to 2015, Mr. McWhorter has been named a “Super Lawyer” in Northern California. An honor bestowed on only five percent of Northern California attorneys. He holds an AV Preeminent Peer Rating, Martindale-Hubbell’s high recognition for ethical standards and legal ability.
