James A. Tiemstra

James A. Tiemstra is the principal of Tiemstra Law Group, PC. Prior to starting Tiemstra Law Group, PC, Mr. Tiemstra headed the bankruptcy practice group at Miller Starr Regalia for 18 years.

Throughout his more than 35 year career, Mr. Tiemstra has focused his practice on business bankruptcy law, including business reorganizations, creditors’ rights and workouts, equipment leasing law, title insurance claims assessment and defense. Mr. Tiemstra is certified in Business Bankruptcy Law by the American Board of Certification and has represented virtually all of the different participants in bankruptcy matters. His active practice has involved him in all aspects of bankruptcy law in cases across the nation.

Mr. Tiemstra is an experienced mediator, helping parties to efficiently and expeditiously resolve both basic and complex business litigation and disputes. Mr. Tiemstra was one of the original volunteer Resolution Advocates for the Bankruptcy Dispute Resolution Program of the United States Bankruptcy Court for the Northern District of California and he continues to serve on the panel over 20 years later. He is also on the panel of 9019 BAM! a private arbitration and mediation service in California for resolving complex bankruptcy and commercial disputes.

Mr. Tiemstra’s practice has involved him as lead counsel in complex appeals, a number of which have resulted in “cutting edge” decisions, e.g., Moldo v. Matsco, Inc. (In re Cybernetic Services, Inc.), 252 F.3d 1039 (9th Cir. 2001); West, Inc. v. Coldwell Banker Comm. Group, Inc. (In re Haley), 950 F.2d 588 (9th Cir. 1991); and Montclair Retail Ctr., L.P. v. Bank of the W. (In re Montclair Retail Ctr., L.P.), 177 B.R. 663 (9th Cir. BAP 1995).

 

Admissions:

California State Bar (1980); U.S. Supreme Court; U.S. Court of Appeals, Ninth Circuit; U.S. District Courts for the Northern, Eastern, Central, and Southern Districts of California; District of Arizona; District of Hawaii; Northern District of Illinois and Western District of Michigan.

 

Professional Affiliations & Activities:

Certified in Business Bankruptcy Law by the American Board of Certification (1994-)

Resolution Advocate for the Bankruptcy Dispute Resolution Program of the United States Bankruptcy Court for the Northern District of California (1994-)

Member, Business Law Section of the American Bar Association (ABA)

Member, American Bankruptcy Institute (ABI)

Member and founding Director, Bay Area Bankruptcy Forum (BABF); President (1995-1996)

Member, Bar Association of San Francisco (BASF), Commercial Law & Bankruptcy Section

 

Awards and Recognitions:

Mr. Tiemstra holds an AV Peer Review Rating from Martindale-Hubbell (listed in the Bar Register of Preeminent Lawyers), and has been named a Northern California Super Lawyer since the inception of the nomination and polling process conducted by Law & Politics Magazine.

 

Published Cases:

In re Michael H. Clement Corp., 430 B.R. 549 (Bankr. N.D. Cal. 2009), aff’d, Alegre v. Michael H. Clement Corp. (In re Michael H. Clement Corp.), 446 B.R. 394 (N.D. Cal. 2011)

Ormsby v. First Am. Title Co. of Nev. (In re Ormsby), 386 B.R. 243 (E.D. Cal. 2008), aff’d, 591 F.3d 1199 (9th Cir. 2010)

Burkart v. Coleman (In re Tippett), 542 F.3d 684 (9th Cir. 2008)

In re Connectix Corp., 372 B.R. 488 (Bankr. N.D. Cal. 2007)

Palm v. Klapperman (In re Cady), 266 B.R. 172 (B.A.P. 9th Cir. 2001), aff’d, Scapparo v. Cady (In re Cady), 315 F.3d 1121 (9th Cir. 2003)

Moldo v. Matsco, Inc. (In re Cybernetic Services, Inc.), 239 B.R. 917 (B.A.P. 9th Cir. 1999), aff’d, 252 F.3d 1039 (9th Cir. 2001), cert denied, 534 U.S. 1130, 122 S.Ct. 1069, 151 L.Ed. 2d 972 (2002)

Montclair Retail Ctr., L.P. v. Bank of the W. (In re Montclair Retail Ctr., L.P.), 177 B.R. 663 (B.A.P. 9th Cir. 1995)

Land West, Inc. v. Coldwell Banker Comm. Group, Inc. (In re Haley), 950 F.2d 588 (9th Cir. 1991)

National Labor Relations Board v. Adams Delivery Service, Inc. (In re Adams Delivery Service, Inc.), 24 B.R. 589 (B.A.P. 9th Cir. 1982)

Central Bank, N.A. v. Zed, Inc. (In re Zed Inc.), 20 B.R. 462 (Bankr. N.D. Cal. 1982)

 

Events:

Panelist, Mediating Disputes Involving Troubled Companies, The Bar Association of San Francisco, Commercial Law and Bankruptcy Section, March 11, 2014.

Moot court judge and expert guest speaker for the “Lawyering: Business Bankruptcy” course at Golden Gate University School of Law (2013)

Panelist, The Litigation Life Cycle: Panel Discussion regarding Litigating Avoidance, Relief from Stay and Other Actions and Contested Matters in Bankruptcy Court, California Bankruptcy Forum (CBF) 24th Annual Insolvency Conference, May 19, 2012.

Panelist, 2005 Amendments to the Bankruptcy Code: A Potpourri of New Issues for the Real Estate Practioner, The Real Property Section of the State Bar of California 25th Annual Retreat, April 29, 2006.

 

Publications:

James A. Tiemstra, contributing author, Landlord and Tenant, 7 Miller & Starr, Cal. Real Estate 3d

James A. Tiemstra, contributing author, Deeds of Trust and Mortgages, 4 Miller & Starr, Cal. Real Estate

James A. Tiemstra, Impact of the New Bankruptcy Amendments on Real Estate Law & Practice, The Los Angeles Daily Journal, July 8, 2005
James A. Tiemstra & William F. Taylor, “Designation Rights” Sales: Triumph of Expedience Over the Code? Am. Bankr. Inst. J., Vol. XX, No. 7, Sept. 2001