Certified Specialist in Bankruptcy Law
State Bar of California
Board of Legal Specialization
Selected to Southern California Rising Stars list
BAR & COURT ADMISSIONS
State Bar of California
All U.S. District Courts in California
U.S. Court of Appeals for the Ninth Circuit
Joseph Boufadel is a Certified Specialist in Bankruptcy Law from the State Bar of California, Board of Legal Specialization, whose practice focuses on business and bankruptcy litigation with an emphasis on creditors’ rights and remedies. While Mr. Boufadel handles all aspects of his litigation and appellate practice, clients reliably turn to him for their business disputes in both state and federal court.
Mr. Boufadel has successfully represented clients in matters involving fraudulent transfers and breaches of fiduciary duty, corporate-business disputes, business divorces, and various insolvency matters (Chapter 7, 11 & 13) including avoidance, preference, lien priority, and non-dischargeability actions. Mr. Boufadel has briefed and argued appeals before the Ninth Circuit Court of Appeals, Ninth Circuit Bankruptcy Appellate Panel, United States District Court, and California Court of Appeal.
Representative matters include successfully vacating a $3,200,000 judgment, and defending the order setting aside the judgment on appeal in a published decision; confirming a Chapter 11 plan of reorganization (under Subchapter V), assisting a healthcare related business successfully reorganize; successfully defending against equitable subordination and contractual claims in bankruptcy court resulting in a significant award of attorney’s fees on behalf of a debtor-defendants; and successfully defending confirmation of a debtor’s Chapter 13 plan and denial of motion to dismiss on bad-faith and eligibility grounds before the Ninth Circuit.
Mr. Boufadel received his law degree from the University of California, Davis School of Law. He served as a judicial extern for the Honorable Mitchel R. Goldberg, United States Bankruptcy Court for the Central District of California. Prior to attending King Hall, Mr. Boufadel received a B.A., magna cum laude, in Political Science, and a B.A., magna cum laude, in Criminology, Law and Society from the University of California, Irvine.
Professional Involvement
Member of the Board of Directors, Los Angeles Chapter of the Federal Bar Association
(2016 to present)Co-Chair of the Insolvency Law Committee for the Business Law Section of the California Lawyers Association (2023 to 2024)
Co-Vice Chair of the Insolvency Law Committee for the Business Law Section of the California Lawyers Association (2022 to 2023)
Co-Chair of Education Subcommittee, Insolvency Law Committee for the Business Law Section of the California Lawyers Association (2020 to 2021)
Member, Insolvency Law Committee for the Business Law Section of the California Lawyers Association (2019 to present)
Member of Working Group for the California State Bar, Board of Legal Specialization (2020 to 2021)
Commissioner of the Bankruptcy Law Advisory Commission, California State Bar, Board of Legal Specialization (2017 to 2019 term)
Federal Bar Association
American Bankruptcy Institute
California Bankruptcy Forum
Los Angeles Bankruptcy Forum
Orange County Bankruptcy Forum
Central District Consumer Bankruptcy Attorneys Association
ProVisors, a national network of trusted advisors
Notable Appellate Victories
Chiu v. Wu, 2024 Cal. App. Unpub. LEXIS 1452, California Court of Appeal, Sixth Appellate District (March 6, 2024) – Successful reversal of trial court order setting aside judgment and vacating accepted § 998 offer. The Court of Appeal reversed the trial court with instructions to enter judgment in favor of client. The trial court abused its discretion and improperly concluded that the § 998 offer was invalid because it called for dismissal with prejudice instead of entry of judgment, and further erred by not entering judgment in favor of client for $350,000. The appellate court held that a dismissal of an action with prejudice is equivalent to a final disposition of the action.
Helix Media LLC v. Natalie Clark et al., California Court of Appeal, Second Appellate District, Appeal No. B315990 (November 17, 2022) – Successful defense of appeal. The California Court of Appeal affirmed the Superior Court's order denying defendants’ anti-SLAPP motion, finding that defendants did not meet their burden of demonstrating the conduct forming the basis of the underlying complaint involved protected activity within the meaning of California Code of Civil Procedure § 425.16. The litigation privilege did not apply to protect defendants’ purported prelitigation communication.
Hou You Liang, etc. v. DiJulio Law Group, 9th Cir. BAP Appeal No. 20-1230 (April 2, 2021) – Protected client’s $600,000+ administrative claim from attack before Bankruptcy Court and Bankruptcy Appellate Panel. Appeal was dismissed for lack of jurisdiction based on successful motion to dismiss appeal.
Asset Management Holdings, LLC v. Aleli A. Hernandez, 9th Cir. BAP Appeal No. 19-1013 (October 8, 2019) - Ninth Circuit Bankruptcy Appellate Panel affirms client's objection to lender’s claim in Chapter 13, holding that the unsecured claim resulting from successful lien avoidance was wiped out by prior Chapter 7 discharge.
In re Kathie E. Suissa and Elvis D. Suissa | Diane C. Weil v. Kathie E. Suissa, District Court Appeal No. LA CV18-08785 JAK (July 5, 2019) - District Court affirmed Bankruptcy Court’s order granting motion for relief from the automatic stay under Bankruptcy Code § 362; state court action may proceed; no automatic stay reimposed by reopening bankruptcy case; preliminary determination affirmed that real property was not “property of the estate” at the time of the original bankruptcy filing.
Asset Management Holdings, LLC v. Aleli A. Hernandez, 9th Cir. Appeal No. 17-60044 (February 25, 2019) - The Ninth Circuit Court of Appeals affirmed the Bankruptcy Appellate Panel and the Bankruptcy Court’s orders determining that SLO’s client was eligible for Chapter 13 relief under Bankruptcy Code § 109(e), and finding that the bankruptcy petition was filed in good faith.
Asset Management Holdings, LLC v. Aleli A. Hernandez, BAP No. CC-16-1228
(BAP 9th Cir. Apr. 11, 2017) - The Bankruptcy Appellate Panel affirmed the Bankruptcy Court's Orders confirming the debtor's Chapter 13 Plan and denying the lienholder's motion to dismiss on eligibility grounds under Bankruptcy Code § 109(e).Hai Lecong v. Ashley Tran, 9th Cir. Appeal No. 15-60039 (February 13, 2017) - The Ninth Circuit Court of Appeals affirmed the Bankruptcy Court's Order granting summary judgment, determining that a state court judgment in favor of our client was excepted from the debtor's discharge under Bankruptcy Code § 523(a)(2) based upon the doctrine of issue preclusion.
Dhawan v. Biring, 241 Cal.App.4th 963 (Cal. App. 2d Dist. 2015) - The California Court of Appeal affirmed the Los Angeles Superior Court's Order vacating and setting aside a $3,200,000 default judgment-- entered more than seven years earlier--where the judgment was void and subject to collateral attack at any time in accordance with California Code of Civil Procedure §§ 473(d) and 580.
Articles, Presentations, and Speaking Engagements
Published E-Bulletins - Insolvency Law Committee
In re Harang, 634 B.R. 731 (6th Cir. BAP 2021) - The Bankruptcy Appellate Panel for the Sixth Circuit held that a bankruptcy court has the authority to impose conditions and incorporate prior factual findings in a dismissal order on a plaintiff’s voluntary motion to dismiss with prejudice an adversary proceeding under Rule 41 of the Federal Rules of Civil Procedure.