James P. Menton Jr.

Mr. Menton represents individuals, businesses and fiduciaries in complex fiduciary disputes, creditors’ rights, and corporate restructuring and bankruptcy matters. A skilled advisor and seasoned litigator, Mr. Menton draws on decades of experience and an extensive professional network to provide strategic, results-driven solutions for clients in their cases.

Corporate Bankruptcy, Commercial Litigation and Asset Protection and Recovery

Mr. Menton has extensive experience representing both individual and entity clients in areas that include insolvency-related matters, including complex corporate bankruptcies, distressed-debt litigation and sophisticated collection matters. His deep understanding of distressed corporate situations, secured transactions, and the bankruptcy process plays an integral role in clients’ strategic planning and risk management. He has successfully resolved high-stakes matters through litigation and settlement, including matters involving multi-million-dollar exposures.  

With this background, he is well positioned to advise and represent debtors, committees, secured creditors, unsecured creditors, fiduciaries, trustees, liquidating trustees, receivers, distressed debt traders, asset acquirers and individual stakeholders across a wide range of industries. He is dedicated to protecting client rights, mitigating risk, and maximizing recoveries. His work in this area includes:

• Corporate bankruptcy-related litigation
• Asset recovery, asset protection, asset purchase agreements and sales
• Corporate insolvencies
• Creditors' rights and remedies
• Shareholder rights
• Private equity and investment funds
• Commercial and contract disputes
• Director and officer liability
• Fiduciary litigation
• Lender liability issues
• Confirmation of plans of reorganization
• Preference and fraudulent conveyance claims
• Clawback litigation
• Recharacterization and equitable subordination claims
• Aiding and abetting misconduct
• Bankruptcy sales
• Enforcement of judgments, orders, and arbitral awards

Director & Officer Liability, Breach of Fiduciary Duty, and Investigations

In today's challenging environment, corporate directors and officers – along with individual fiduciaries – face heightened scrutiny and potential exposure. Mr. Menton represents both individuals and entities in prosecuting and defending alleged misconduct.

His work in this area includes:

D&O Liability Matters:

• Advising directors, officers and fiduciaries on fiduciary duties
• Counseling clients on D&O liability insurance coverage
• Accessing and preserving D&O liability insurance coverage in bankruptcy

Litigation Counsel:

• Representing plaintiffs and defendants in civil claims for breach of fiduciary duty, fraud, fraudulent transfers and related causes of action

Investigation and Reports:

• Conducting in-depth inquiries and analyses concerning director and officer conduct, financial transactions and potential claims.

Wealth Disputes and Trusts Advice and Litigation

Mr. Menton also represents high-net-worth individuals, families, closely held companies, foundations, trustees, fiduciaries and others in wealth disputes and trust-related matters. His experience includes providing pre-litigation counseling and assessment, as well as litigating disputes involving valuation issues, breaches of fiduciary duty, fraudulent transfers and trust-related commercial conflicts.

His practice includes evaluating investment structures, loan documentation and transactional arrangements, and advising clients on both non-litigation resolutions and litigation strategies designed to protect personal and corporate interests.

Pro Bono and Community Service – Serving Those In Need

A former Peace Corp Volunteer in Africa, Mr. Menton is deeply committed to public service and pro bono work. Most recently, he successfully obtained asylum for three Cameroonian nationals, one of whom later testified before Congress concerning Immigration and Custom Enforcement detention practices.

Industries Served

Mr. Menton represents clients across a broad range of industries, including:

• Energy and Oil and Gas
• Entertainment and Media
• Franchising
• Healthcare
• Insurance
• Manufacturing
• Pharmaceuticals
• Real Estate – Commercial, Residential
• Retail and Service Industries
• Technology

Education

• University of California Los Angeles School of Law, J.D. (1991)
• Northwestern University, B.A. in Political Science (1984)

Representative Matters

Included among Mr. Menton’s matters are counseling and representing:

Corporate Bankruptcy, Commercial Litigation and Asset Protection and Recovery

Insurance companies in prevailing on summary judgment in litigation over deficiency claims against borrower and guarantor following foreclosure on real property.

Insurer in adversary proceeding brought by chapter 7 trustee regarding dispute over coverage available for alleged business losses suffered by bankrupt entities. Settled for cost of defense.

Investment company and foundation as creditors and defendants in a lawsuit filed by chapter 11 debtor to re-characterize clients’ claims as equity.  Litigation settled for no re-characterization of their claims and dismissal of the lawsuit.

Lender in defending against fraud and other claims involving a real estate development project and obtaining settlement of a lawsuit for a minimal amount.

Celebrity chef Chloe Coscarelli in bankruptcy case in which Delaware bankruptcy court rejected the investors of the “by Chloe” company, like Bain Capital and Kitchen Fund, attempt to purchase the “by Chloe” trademark—the company’s “crown jewel asset”—in a chapter 11 proceeding without Chloe’s consent.

National commercial tenant concerning chapter 11 bankruptcy case of major mall owner of more than 100 locations across the country with respect to rights and interests under unexpired leases, confirmation proceedings. and confirmed plan of reorganization.

Commercial landlord in chapter 11 bankruptcy cases of corporate tenant and affiliates, resulting in purchase of unexpired lease for $5,000 and elimination of potential seven figure liability exposure.

Supermarket chain in obtaining modification of the automatic stay in chapter 7 case to permit removal and disposal of kiosks and contents therein.

Corporate entities and individuals in obtaining termination of the automatic stay in chapter 13 case to proceed to final judgment in state court action and in objecting to confirmation of chapter 13 plan. Chapter 13 case dismissed.

North Dakota tribe in Nevada bankruptcy case in which bankruptcy court approved its acquisition of Las Vegas vacant land for $12 million pursuant to section 363 of the Bankruptcy Code.

North Dakota tribal entities concerning bankruptcy cases of Houston oil and gas company and its subsidiaries in connection with protecting tribal rights, oil and gas interests, and claims.

Director & Officer Liability, Breach of Fiduciary Duty, and Investigations

Limited partner in litigation against general partner, accountants and related parties in which limited partner asserted causes of action for breach of fiduciary duty, aiding and abetting breach of fiduciary duty, financial elder abuse, fraudulent transfers and other claims. Litigation resolved on favorable terms for limited partner, including cash payments, full ownership of commercial real property, and no further contact between parties.

One of several former officers and directors against indemnity claims for alleged breach of their fiduciary duties of loyalty and good faith, resulting in (i) obtaining bankruptcy court order abstaining and dismissing the third-party complaints for indemnity and (ii) settling remaining claims pursuant to which client made no payment, received a general release, and the district court action filed against the client and others after the indemnity claims were dismissed in the bankruptcy court was dismissed with prejudice.

Former director of chapter 11 debtors in director and officer-related litigation. Litigation settled for no payment by former director and dismissal of lawsuit with prejudice.

Former trustee of non-profit organization as defendant in lawsuit filed by bankruptcy trustee for breach of fiduciary duty and corporate waste. After initial motion to dismiss granted with leave to amend and second motion to dismiss filed, litigation settled for no money paid by former trustee and dismissal of lawsuit with prejudice.

Liquidating trust in a matter involving alleged breach of fiduciary duty and corporate waste by former officers and directors of chapter 11 debtor. Substantial settlement achieved without filing suit.

Bankruptcy trustee in obtaining a substantial settlement of lawsuits against former directors and officers of a chapter 7 debtor and an insurer on director and officer liability policy.

Wealth Disputes and Trusts Advice and Litigation

Private trust with over $160 million owed in restructuring and multi-state litigation that resulted in the successful sale of international franchisor of multiple quick service restaurant brands.

Private trust with over $50 million owed by fixed base operator at one of the busiest commercial airports in the country. Through a restructuring process and related litigation, achieved ongoing recoveries for the client.

Liquidating trust in investigation and prosecution of claims against former officers and directors of media company and its affiliates following confirmation of chapter 11 plan.

Foundation and its officers as defendants in lawsuit filed by bankruptcy trustee for breach of charitable pledge. Dismissal of lawsuit following successful motion to dismiss.

Clawback Litigation

Liquidating trust in obtaining a substantial judgment after trial against former officers and directors of chapter 11 debtors in a lawsuit based on fraudulent transfer law.

Bankruptcy trustee in lawsuits for fraudulent transfers against family members of debtor’s principal who operated “fraudulent hedge fund.” Favorable settlements achieved, including entry of stipulated judgment and permanent injunction, collateral from family member and spouse, and cash payments to trustee.

Ex-spouse as defendant in fraudulent transfer lawsuit filed by bankruptcy trustee involving martial settlement agreement incorporated in dissolution judgment. Litigation settled on favorable terms.

Law firm that represented non-debtor spouse in divorce proceeding as defendant in claw-back litigation filed by bankruptcy trustee. Litigation settled on favorable terms.

Former owners of audio and video equipment rental company in bankruptcy cases of successor entity and its affiliates in connection with confirmed chapter 11 plan of reorganization and resolution of alleged fraudulent transfer liability over a $1 billion sale of the company.

Trustee in the settlement of a $130 million fraudulent transfer adversary proceeding against motion picture production and distribution company for allegedly forcing unfair distribution agreements on captive home video distribution company.

Cable network in affirmative claims in bankruptcy of media buyer and defense of trustee’s claw-back litigation for alleged preferential transfers. Matters resolved on favorable terms.

Assignee for the benefit of creditors of company engaged in premium seafood and convenience meal businesses as litigation counsel in asserting and recovering preferential transfers.

Provisional Remedies and Judgment Enforcement

Creditor in obtaining an $8 million attachment based on fraudulent transfer law.

Insurance companies in obtaining an injunction against transfer of assets in a case involving alleged fraudulent scheme of an individual to shield assets from creditors.

Judgment creditor of $367 million Delaware judgment in California enforcement proceedings, including post-judgment discovery, complaint against judgment debtor’s family members asserting fraudulent transfer and others claims, and recording of lis pendens. Action settled on favorable terms.

Creditor in confirming arbitration award and entry of judgment and post-judgment enforcement proceedings.

Creditor in post-judgment enforcement proceedings, including amending judgment to add alter ego entities as additional judgment debtors.

• Recognized in the LA Times Studios' Legal Visionaries List (2026)
• Recognized in Daily Journal's list of Leading Commercial Litigators (2026)
• Recognized in Lawdragon's 500 Leading Litigators in America Guide (2026)
• Recognized in Lawdragon's 500 Leading Global Bankruptcy & Restructuring Lawyers Guide (2025-2026)
• Recognized in Los Angeles Business Journal's Top 100 Lawyers List (2025-2026)
• Listed in “Leaders of Influence: Litigators & Trial Attorneys," Los Angeles Business Journal (2025)
• Awarded the Wiley M. Manuel Pro Bono Certificate by the California Lawyers Association for providing at least 50 hours of pro bono legal services (2023-2025)
• Listed in The Best Lawyers in America (2019-2026 editions)
• Named a "Southern California Super Lawyer,” Super Lawyers (2014-2016, 2021-2026)
• Awarded Pro Bono Award by Robins Kaplan LLP (2019)
• Awarded a Pro Bono Star Award by Human Rights First (2019)
• Recognized as “Outstanding Newsletter Editor,” Bankruptcy and Insolvency Litigation Committee, ABA Section of Litigation (2010-2011)
• Recognized as “Outstanding Subcommittee Chair,” Bankruptcy and Insolvency Litigation Committee, ABA Section of Litigation (2010-2011)

Professional

• Law360 Bankruptcy Editorial Advisory Board (2023)
• California State Bar Business Law Section:  Advisor, Executive Committee (2013-2015); Chair (2012-2013); Member (2008-2013); Business Law News, Editor-In-Chief (2007-2009), Member (2004-2009)
• California State Bar Law Practice Management & Technology Section: Chair (2007-2008), Member (2006-2008)
• Turnaround Management Association, Southern California Chapter: Member, Board of Directors (2012-2017)
• American Bar Association Litigation Section:  Bankruptcy and Insolvency Committee, Executive Editor, Newsletter (2010-2011); Commercial and Business Litigation Committee, Co-Chair, Bankruptcy Litigation Subcommittee (2004-2010)
• American Bar Association General Practice & Small Firm Division:  GP Solo Magazine, Editor (2008-2010)
• Beverly Hills Bar Association
• Financial Lawyers Conference
• Los Angeles Bankruptcy Forum
• California Receivers Forum

Speeches

• Family Law Transfers… All Good? Maybe Not – Clawback Litigation in Bankruptcy
  Beverly Hills Bar Association (May 13, 2026)
• When Bankruptcy Is Filed During Divorce: What Happens Next?
  Beverly Hills Bar Association (October 3, 2025)
• When Bankruptcy Is Filed During Divorce: What Happens Next?
  AAML Southern California Chapter Meeting, Newport Beach, CA (June 21, 2025)
  
• Representations of Wealth Planning and Conflict in Film and Literature: What Can We Learn from Such Depictions?
  Robins Kaplan LLP Wealth Planning, Administration, and Disputes Annual CLE, Webinar (October 7, 2020)
• Adelanto: Conditions and Challenges at the “House of Tears”
  LA Human Rights Initiative (October 22, 2019)
• In Wealth Transfer Strategies We Trust
  54th Annual Hawaii Tax Institute, Honolulu, Hawaii (November 8, 2017)
• Trusts in the Cotext of Bankruptcy
  Estate Planning Council of San Gabriel Valley, Pasadena, California (February 27, 2017)
• Trust Fund Debtors The Intersection Between Bankruptcy and Trusts
  Beverly Hills Bar Association, Beverly Hills, California (November 2, 2016)
• How to Make Your Estate Plan Survive Bankruptcy
  USC Gould School of Law 2016 Tax Institute, Los Angeles, California (January 27, 2016)
• So What If They’re In Bankruptcy, The Debtor Has Insurance And We’re Covered (Maybe):  The Treatment Of Liability And D&O Insurance Policies In Bankruptcy 
  Financial Lawyers Conference, Los Angeles, California (February 2007)