Mr. Duncan has represented various financial institutions for many years, including many community banks. Mr. Duncan has been honored as one of San Diego’s Super Lawyers the in the areas of Bankruptcy and Creditor/Debtor Rights since 2011.
He is the former President of the Downtown San Diego Rotary Club and is very active in the community.
Mr. Duncan is a graduate of the University of Iowa (B.A., cum laude, 1979). He graduated from National Law Center of the George Washington University in Washington, D.C. (J.D., with honors, 1982). Mr. Duncan was admitted to the California Bar in 1986 and practiced with the firms of Conner & Winters, Procopio, and Jennings, Engstrand & Henrikson prior to the founding of the firm in 1993.
Mr. Duncan has extensive experience in large and complicated litigation involving financial institutions and bankruptcy estates.
At Conner & Winters, for over three years, years, he exclusively represented the Chapter 11 bankruptcy trustee in the Nucorp Energy bankruptcy cases, handling a variety of large and complicated transactions and litigation.
At Procopio, he represented a financial institution in the J. David Dominelli litigation, successfully obtaining summary judgment on critical lender liability issues.
At Jennings, Engstrand, he:
Successfully defended a financial instruction in litigation in the Pioneer Mortgage bankruptcy cases and related state and federal court litigation over a period of several years.
Successfully sued a Texas lender for lender liability and, after lengthy litigation, obtained a treble damage verdict under Texas state law, enabling the debtor to organize.
On behalf of the Resolution Trust Corporation, he represented the subsidiaries of Lincoln Savings and Loan Association as debtors in possession in Arizona District Court. In connect with this litigation, he obtained a multi-million dollar judgment against subsidiaries of Southmark.
More recently, at the Firm, he:
Represented a homeowners’ association regarding the bankruptcy of an entity that owned the golf course within the development; and
Successfully defended a malpractice adversary proceeding against a debtor’s former attorney in bankruptcy court, resulting in a dismissal with prejudice.
In addition to these larger cases, he has represented numerous financial institutions in defending lender liability claims and enforcing lender’s rights.
He has also represented trustees, franchisors, judgment creditors, homeowners’ associations and numerous other creditors in bankruptcy cases over his 38-year career.
1620 Fifth Avenue, Suite 400
San Diego, CA 92101
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