Kit James Gardner
Kit received his Juris Doctorate degree in 1992 from the University of California at Davis. He was an Executive Editor of the U.C. Davis Law Review, and served as an intern to the Honorable Terry J. Hatter of the United States District Court for the Central District of California. He received his Bachelor of Arts degree from the University of California at Santa Barbara in 1988.
Kit is the current Co-Chair of the influential Insolvency Law Committee, one of the standing committees of the Business Law Section of the California Lawyers Association. He formerly served as an editor and contributor to San Diego Lawyer Magazine, writing numerous articles of interest to the legal community, and has written articles appearing in the Los Angeles Daily Journal, the California Bankruptcy Journal, and Business Law News.
He has served as a speaker on numerous panels, including: Select Topics in Chapter 11 Practice: Navigating Your Case to Confirmation, California Lawyers Association (July 14, 2022); Chapter 11 Basics, San Diego Bankruptcy Forum (December 7, 2021); Bankruptcy for Small Businesses, California Lawyers Association Solo & Small Firm Summit (June 24, 2021); A Two-Part Series on the Small Business Reorganization Act: A Primer and Path for the Future, San Diego (May 28, 2020 & June 16, 2020); and Hard Money Lending Issues in Bankruptcy, Los Angeles (Oct. 29, 2019).
He was also a Director of the San Diego Bankruptcy Forum from 2007 to 2010, has been a volunteer mediator for the United States Bankruptcy Court for the Southern District of California since 2009, and served as an Adjunct Professor at California Western School of Law where he helped teach a course on real estate law.
From to 2012 to 2017, Kit served on the Board of Directors of North Island Credit Union, a financial institution with over $1 billion in assets and more than 230 employees. For two of those years, he was the Vice-Chairman of the Board. He also presently serves on the Supervisory (audit) Committee of Frontwave Credit Union.
Business Litigation and Bankruptcy Matters Across Southern California:
- Secured dismissal of a suit brought by one major national bank against another in federal District Court in Los Angeles (Wells Fargo Bank, N.A. v. JPMorgan Chase Bank, N.A. et al.).
- Represented 54 investors being sued in Bankruptcy Court and won summary judgment for them (In re Encinitas Office, LP ).
- Confirmed Chapter 11 bankruptcy plans of reorganization for clients, restructuring their debt and keeping them in business (In re Otay-Adejo, LLC; In re Roth-Montezuma, LP; In re Roslyn Lane, LLC; In re Lignus, Inc.; In re NSHE CA Bulls, LLC ).
- Successfully defeated a summary judgment motion brought by a national mortgage servicing company against a national bank in Santa Ana, resulting in settlement (American Home Mortgage Servicing, Inc. v. Bank of America, N.A.).
- Won summary judgment for a national sub-servicing company being sued in federal District Court by a borrower (Pinsonneault v. Federal Deposit Insurance Corp. et al.).
- Successfully remanded state court litigation and represented the plaintiff in related multi-party bankruptcy litigation (In re DIS Partners, LLC; In re BridgeBilt, LLC; In re Jacob Carroll; In re Jeremy Carroll; In re Wade Carroll ).
Professional Affiliations & Admissions:
- Co-Chair, Insolvency Law Committee (Business Law Section of the California Lawyer’s Association)
- San Diego Bankruptcy Forum (Director, 2007-2010)
- Association of Business Trial Lawyers
- National Association of Bankruptcy Trustees
- State Bar of Nevada (presently inactive)
- State Bar of California