I was completely satisfied with Mr. Winterton's office. They guided me through the whole process and answered any questions I had. It’s never easy when you are going through a life changing event but they made the situation easier to handle.
- Antonio V.
- Corporate Formations and Business Entities
- The corporate practice covers all aspects of business and transactional matters business start-ups, corporate formations, corporate governances, reorganizations, mergers and acquisitions, sales of assets, leases, franchising, leverage buy-outs, spinoffs, company formations, partnership agreements, limited liability companies, bylaws, operating agreements, and asset protection.
In addition, the firm's business entity practice covers all aspects of formation and governance of general partnerships, limited partnerships and limited liability companies.
- David J Winterton & Associates is a leader in the bankruptcy field here in Nevada. With over 30 years’ experience, and over a thousand bankruptcy filings, we have the expertise to handle your bankruptcy with the least amount of fees involved. We are respected by the judges, the legal community, and the clients that we represent. Our reputation goes above and beyond any other bankruptcy firm because of our integrity, knowledge, and skill. Most of our cases are referred to us by other attorneys and former clients because they know they can trust us to provide the most professional and comprehensive representation possible.
This is a unique field because so many of our clients, like you, are faced with financial crises that sometimes cannot be resolved unless they file bankruptcy within the framework of commercial and personal bankruptcy. That’s why it is so important to get legal assistance from someone who has the skills and expertise to handle your bankruptcy in the best way possible with the best reputation to match it.
The firm's well-rounded bankruptcy practice includes representation of secured creditors in all aspects of pre-bankruptcy work-outs and in bankruptcy cases. The firm's practice also includes representation in Bankruptcy Court of unsecured creditors, unsecured creditors' committees, trustees, and business debtors. Our representation includes automatic stay litigation, non-dischargeability actions, adversary proceedings regarding preferential transfers and fraudulent transfers/conveyances, debtor-in-possession financing, executory contracts, unexpired leases of non-residential real property, and all issues involving formation and confirmation of plans of reorganization in complex Chapter 11 cases.
A sample of the firm's representation in the Bankruptcy Court includes acting as Debtor and Debtor-in-Possession's counsel for the Maxim Hotel and Casino, Trustee's counsel for the Hotel Continental, Official Unsecured Creditors' Committee's counsel in the Riviera Hotel and Casino and the Aladdin Hotel and Casino bankruptcy cases, as well as counsel for numerous financial institutions in many bankruptcy cases.
- Business and Commercial Litigation
- The firm's litigation practice has expanded to cover the broad range of business and commercial disputes impacting our clients' businesses, as well as insurance defense matters in state and federal courts at trial and appellate levels. Commercial litigation handled by the firm includes contract and real property disputes, shareholder and other corporate disputes, unfair competition, title and title insurance matters, trust and fiduciary issues, trademark infringement, fraudulent transfer/conveyance matters and landlord-tenant disputes. The firm's litigation practice also includes arbitration, and complements other areas of practice in negotiating disputes in an effort to avoid litigation.
The firm’s litigation practice represents individuals, businesses, corporations, and limited liability companies in a wide variety of business related matters. Mr. Winterton has been admitted to appear in complex litigation issues before the Southern District of New York, Southern District of California, Western District of Washington, District of Nevada, and the District Court of Utah.
The firm is also successful in utilizing alternative disputes resolution methods including mediation, arbitration, short trial program and other methods to avoid the cost of extensive litigation. Mr. Winterton is also an arbitrator for the court in over 130 cases. Because of his arbitration experience he is very successful in the complicated aspects of trials in order to guide his cases as to how a jury or judge may rule in them.
Our goal is to provide you with the best possible legal assistance while trying to keep costs as low as possible. Many times, a successful outcome can be achieved without going to the expense of a trial.
- Banking and Financial Institutions
- The practice of David J. Winterton & Associates encompasses a broad range of corporate, transactional and litigation matters, including corporate formations, acquisitions and reorganization matters, as well as regulatory, trust, and fiduciary matters.
Our practice also includes loan and lease negotiation, loan work-outs and representation in the Bankruptcy Court, commercial loan and lease litigation in both state and federal courts, and proceedings before state and federal regulatory agencies.
- Real Estate
- The firm's real estate practice involves representation of residential, commercial and industrial developers and lenders and all aspects of real property acquisition, financing, exchange, leasing, sale syndication, development and construction. Our leasing practice includes representation of landlords and tenants in ground lease, regional shopping center and office complex situations. The firm protects the lenders interest by foreclosure, eviction and collection proceedings.
The firm has extensive and successful experience in real estate development and complex real estate litigation. We have been able to help many of our clients retain their homes free and clear of any mortgages or liens. Our firm has successfully obtained millions of dollars in awards for our clients, including a jury verdict of $10.8 million in a real estate partnership dispute case.
Mr. Winterton’s experience as a real estate broker provides him an edge in representing individuals before the real estate commission. The firm is very successful in debt negotiations, dispute mediation, restructuring of debt, foreclosures, and condemnations. Mr. Winterton is also experienced with landlord tenant practice including ground leases, regional shopping centers, and office complexes. The firm has successfully resolved commercial and residential landlord tenant disputes, evictions, and provides drafting, reviewing and negotiation of leases and contracts.
The area of construction law has become more complex over the years, but our firm has the knowledge to resolve the complicated mechanic liens as well as construction law issues and union disputes. We provide protection for the landlord during construction, and subcontract disputes to obtain a successful outcome for each of one of our clients.
- The law firm of David J. Winterton & Associates has a very successful appellate practice and has been recommended by other law firms to handle their appeals. The firm has a high appellate success rate that beats most odds. The firm has successfully appeared in appeals before the 9th Circuit Court of Appeals, the Bankruptcy Appellate Panel, the Federal District Court, and the Nevada Supreme Court.
We are one of the leading firms in Nevada with a number of successful decisions that have even been cited by other attorneys in Nevada with regards to the duties of real estate agents and alter ego. This is all attributable to our firm’s thorough and complex analysis of the facts and the application of the law prior to filing an appeal.
The firm has also resolved a number of appeals through mediation in order to avoid the time and costs of completing an appeal.