Mr. Gelber is the President of the firm and concentrates his practice in bankruptcy and insolvency matters, creditors' rights, corporate restructuring, and business and commercial litigation.

Mr. Gelber is the author of numerous articles and professional publications and has given numerous local and national seminars on bankruptcy and insolvency matters and creditors' rights. He has held the highest rating for legal ability and ethical standards from Martindale-Hubbell for over twenty-seven years and has been listed in the Best Lawyers in America for over twenty years.

REPRESENTATIVE ENGAGEMENTS

Bankruptcy and Creditors' Rights

• Representation of court-appointed trustee in reorganization and liquidation proceedings of one of Hawaii's largest corporations, the subsidiaries and divisions of which conducted business in several different states in the fields of construction, finance, automobile distribution, public real estate investment partnerships, real estate development, medical equipment leasing, and textiles.
• Representation of court-appointed bankruptcy trustee in liquidation proceeding of an investment company that had turned into a Ponzi scheme
• Representation of a New York-based parent corporation of an insolvent interisland air carrier with mainland cargo operations.
• Representation of the State of Hawaii (as its Special Counsel) in reorganization and liquidation proceeding involving Hawaii's largest sugar plantation.
• Representation of the State of Hawaii (as its Special Counsel) in reorganization proceeding involving a Hawaii-based regional air carrier.
• Representation of major creditors in reorganization proceeding involving Hawaii's largest retail chain.
• Representation of foreign representative of one of the world's largest international air carriers in proceeding under the United States Bankruptcy Court, which was ancillary to proceeding in the carrier's home jurisdiction.
• Representation of a state corporation (a quasi-public entity) in connection with Chapter 11 proceeding of its real estate facilities lessee.
• Representation of a Hawaii-based regional air carrier in corporate reorganization proceeding under Chapter 11 of the United States Bankruptcy Code.
• Representation of a Hawaii non-profit corporation, which owned and operated a regional hospital, in Chapter 11 proceeding under the Bankruptcy Code.

Insurance Receiverships

• Representation of the Insurance Commissioner of the State of Hawaii in rehabilitation and liquidation proceeding involving domestic casualty and life insurance company that had been looted by its corporate officers.
• Representation of Insurance Commissioner of the State of Hawaii, as court-appointed rehabilitator and liquidator, in proceeding involving an insolvent domestic mutual benefits society that had issued medical plans.

State Court Receiverships

• Representation of court-appointed receiver to carry out construction and development of major Hawaii residential development, including its off-site and road improvements, pending foreclosure of mortgages by various lenders.
• Representation of one of two general partners and a number of limited partners seeking dissolution and winding-up Hawaii partnership which owned a Maui hotel.

Complex Litigation and Collection Matters

• Representation of state retirement system in multi-party mortgage foreclosure proceeding involving golf courses, industrial property, and commercial property, the contested appointment of a receiver, and various disputed issues concerning real property and debtor-creditor matters.
• Representation of plaintiff in a multi-party mortgage foreclosure proceeding involving disputes concerning real property matters, guarantees issued by and in favor of Japanese financial institutions, and a Japanese insolvency proceeding.

Constitutional Law

• Representation of the State Senate (as its Special Counsel) in trial and State Supreme Court proceedings concerning the separation of powers and right of access by certain state senators to the working papers of the members of the Senate's Ways and Means Committee.
• Representation of the State Insurance Commissioner, as plaintiff, in an action against officers and directors of a domestic insurance corporation, in trial and State Supreme Court proceedings which involved, among other things, the assertion of the Fifth Amendment privilege and due process issues in the context of civil litigation.

GOVERNMENT SERVICE

• Legal Counsel, Education Committee, Hawaii State Senate (1967-68).
• Reporter, Hawai'i Penal Law Revision Project, Judicial Council of Hawaii (1969-72).
• Majority Attorney, Hawaii State House of Representatives (1974).
• Special Counsel, Hawaii State Senate (1983).
• Special Deputy Attorney General, State of Hawaii (1993-98, 1999-2005).

EDUCATION

• J.D. (1963), Stanford Law School.
• A.B. (1961), Stanford University.

ADMISSIONS

• State of California (1964).
• United States District Courts for the Southern, Northern, Central, and Eastern Districts of California (1964), and the District of Hawaii (1964).
• United States Court of Appeals for the Ninth Circuit (1964).
• State of Hawaii (1964).
• United States Customs Court (1969).
• Supreme Court of the United States (1991).

AWARDS AND HONORS

• Awarded the highest rating ("AV") for legal ability and ethical standards in Martindale-Hubbell for over twenty-seven years.
• Named in the Best Lawyers in America (Bankruptcy and Creditors' Rights) since 1986.
• Recognized by Chambers & Partners as a "leading lawyer" in bankruptcy and restructuring.
• Listed in Hawaii Super Lawyers (Washington Law on Politics 2008).

PUBLICATIONS

Author

• "Comments on Verco Industries," a paper presented at the American Bar Association Business Bankruptcy Committee Meeting in Colorado Springs, Colorado (1983).
• "Taking It to (or from) the Bank: Secured Creditors' Rights, Cash Collateral & DIP Financing" [author of Part II - Character and Priority] (American Bankruptcy Institute 2004).
• "Setting Aside Transfers of Property in Foreign Countries: How Long is the Reach of the U.S. Bankruptcy Court?" (Institute of Asia-Pacific Business Law, University of Hawaii School of Law, 2007).

Co-Author

• "Executory Contracts and Unexpired Leases," in Current Issues in Bankruptcy Law (Professional Education Systems, Inc., 1984).
• "The Effect of Bankruptcy on Mortgage Foreclosures: How to Derail Secured Creditors, and How to Get Them Back on Track," in Hawaii Mortgage Foreclosures (Professional Education Systems, Inc., 1984).
• "The Effects of Bankruptcy on Real Estate Lenders," in Foreclosure and Repossession in Hawaii (National Business Institute, 1985).
• "Creditors' Remedies in Bankruptcy: A General Survey," in Hawaii Collection Law (Professional Education Systems, Inc., 1985).
• "Remedies of Real Estate Lenders" (National Business Institute, 1985).
• "Defaults and Remedies," "Workouts - The Twilight Zone," and "Bankruptcy - The Acid Test," in Hawaii Secured Transactions (Professional Education Systems, Inc., 1987).
• "Lender Liability in Hawaii" (Professional Education Systems, Inc., 1987).
• "The Trustee: His Powers and Duties," in Basic Bankruptcy in Hawaii (National Business Institute, 1989).
• "Global Settlements and the Bankruptcy Court's Power to Bar Claims Against Non-Debtors," in The Court of Last Resort: Chapter 11 Business Reorganizations in Bankruptcy (Hawai'i State Bar Association, Bankruptcy Law Section, 1993).
• "A Brief Introduction to the Effects of Bankruptcy on Commercial Leases," in Commercial Real Estate Leases (CLE International, 1993).
• "The Impact of Bankruptcy on Civil Litigation" (Hawai'i Institute for Continuing Legal Education, 1997).
• "First Things First: First Day Orders, Post-Petition Financing, and Relief from the Automatic Stay" (Bankruptcy Law Section, Hawai'i State Bar Association, 2000).

MEMBERSHIPS

• Hawaii State Bar Association (Bankruptcy Law Section Director 1990-1993, President 1993).
• California State Bar Association.
• American Bar Association.
• American Bankruptcy Institute.
• Federal Bar Association.

© 2010 Gelber, Gelber & Ingersoll