Spach, Capaldi & Waggaman, LLP’s attorneys are committed to securing every advantage for their clients. Our diligence and discipline break through the problems other lawyers miss. Where our clients struggle with perplexing business problems, we bring clarity.

Sean A. O’Keefe

Mr. O’Keefe has won the highest peer review rating by Martindale Hubbell and the Super Lawyers designation every year since 2010.

His peers recognize Sean A. O’Keefe as one of Southern California’s most skilled bankruptcy and insolvency strategists. For over twenty-five years, Mr. O’Keefe has represented institutional and non-institutional lenders and other creditors in workouts, complex Chapter 11 cases, assignments for the benefit of creditors, and a broad range of commercial litigation. His experience in real estate insolvency involves the entire asset spectrum, from raw land and large residential developments to retail, industrial, office and other commercial property portfolios. Mr. O’Keefe is also an experienced federal appellate court practitioner.

Mr. O’Keefe counsels clients in the real estate, manufacturing, retail, service, and healthcare industries. Mr. O’Keefe also represents some of California’s largest shopping center owners in tenant bankruptcy proceedings (including those of KB Toys, K-Mart, and Mervyn’s), and he aggressively represents both buyers and sellers of distressed business entities. Mr. O’Keefe is “Of Counsel” with the firm.

Mr. O’Keefe graduated from Dartmouth College and obtained his law degree from Fordham University School of Law. He is licensed to practice in California and New York and is admitted to practice before every United States District Court and Bankruptcy Court in California and the United States Court of Appeals for the Ninth Circuit. He is also admitted to practice before the United States Bankruptcy Court for the Southern District of New York and before the United States Court of Appeals for the Second Circuit.

Mr. O’Keefe has won the highest peer review rating by Martindale Hubbell (AV), has been awarded the Super Lawyers designation (Super Lawyers Magazine) in the areas of Bankruptcy & Creditor/Debtor Rights for 2010 through 2015, and has been selected by his peers as one of the The Best Lawyer’s in America in bankruptcy practice.

Mr. O’Keefe is a past Chairman of the Commercial Law and Bankruptcy Section of the Orange County Bar Association and he has written and spoken on bankruptcy and insolvency matters for over twenty years. His publishing and speaking accomplishments include:

Articles: “Adequate Protection After United Savings v. Timbers of Inwood Forest,” 16 Cal. Bankr. J. 8 (1988); “Post-Petition Perfection of Assignment of Rent Clauses Under 11 U.S.C. §546(b): A Creative Illusion,” 17 Cal. Bankr. J. 123 (1989); “Using Federal Guns and Badges To Marshal Estate Assets”, 32 Cal. Bankr. J. vol. 1, Elmer Dean Martin, III and Sean A. O’Keefe.

Panels: 1990 Annual Conference of the California Bankruptcy Forum, “Converting Rents, Rates and Revenues Into Cash Collateral: New Challenges to an Old Alchemy”: Orange County Bankruptcy Forum, “What Price Justice: Is There an Exception to The Absolute Priority Rule?” February, 1993; National Business Institute, “How to Protect Secured Interests in Bankruptcy in California,” August, 1993; Orange County Bar Association, “Bankruptcy Issues Arising From Securitized Loans,” February, 2002; Orange County Bar Association, “Nondischargeability Litigation: Selected Issues,” May, 2002: and “Recovering The Loot: Pursuing and Defending Fraud and Other Claims Against Insiders, Investors, and Aiders & Abettors In Bankruptcy Cases”, April, 2009; “Failing Lenders: Dueling Bankruptcy Cases, Bank Holding Company Debtors, and Other Key Issues”, American Bankruptcy Institute, Battleground West 2012.

Below is a list of recent cases briefed and argued by Mr. O’Keefe which resulted in written opinions:

  • U.S. Philips Corporation v. KBC Bank, N.V., 526 Fed.Appx. 728 (9th Cir. 2013)
  • U.S. Philips Corporation v. KBC Bank, N.V., 2012 WL 112264 (9th Cir. 2012)
  • In re Palmdale Hills Property, LLC, 457 B.R. 29 (9th Cir. 2011)
  • In re Youssef, 2011 WL 3298903 (9th Cir. BAP 2011)
  • U.S. Philips Corp. v. KBC Bank, N.V., 590 F.3d 1091 (9th Cir. 2010)
  • In the Matter of Checkmate Staffing, Inc., 359 Fed.Appx. 736 (9th Cir. 2009)
  • In re The Legacy Estate Group, Slip Copy, 2007 WL 3261854 (Bankr. N.D.Cal. 2007)
  • In re California Litfunding, a Nevada Corp., 360 B.R. 310 (Bankr. C.D.Cal. 2007)