About

David J. Cook

Practice Areas: Collections; Creditor Rights.
Admitted: 1974, California
Law School: Golden Gate University, J.D., 1974
College: University of California at Los Angeles, B.A., 1971

Reported Decisions:

• Dow Jones, Inc. v. Avenel 151 C.A.3d 144, 198 C.R. 457 (1984)
  
• T&O Mobile Homes, Inc. v. United California Bank 480 Cal. 3d 1441, 220 C.R. 627, 709 P.2d 430 (1985)
  
• In re Bonnie Moore 186 B.R. 962 (N.D., Cal., 1995)
  
• In re Tooks 76 B.R. 162 (S.D., Cal., 1987) among others
  
• In re COLE (Hayhoe vs. Cole) 226 B.R. 647 (B.A.P., 9th Cir.  1998).
  
• In re BRUCE BARTLESON, 253 B.R. 75 (B.A.P. 9th Cir.
  2000).
• Goldman v. Simpson, 160 Cal.App.4th 255  (Cal.App. 2 Dist.,2008).
• State Bar of California v. Statile, 168 Cal.App.4th 650 (Cal.App. 1 Dist.,2008)
• Peterson v. Islamic Republic Of Iran, — F.3d —-, 2010 WL 4910226 C.A.9 (Cal.),2010.

Publications:

David J. Cook has written extensively in the area of credit, the Uniform Commercial Code, energy deregulation, general legal matters, gender bias, bankruptcy, collection matters, fraud, embezzlement in such publications including, but not limited to Business Credit, The Commercial Law League Journal, The Business Journal for Sonoma County, Public Utilities Fort Nightly, among other publications.

1. “Recovering An ‘Ocean of Lost Revenue’,” Utility News, Volume 8, No. 2.

2. “The Legal Process & Collections, Do You Know Your Rights and
Limitations?,” Newspaper Financial Executives Journal, June 1993, Volume 46, No. 10.

3. “Arbitration Can Save Money: Newspapers Can Save Substantial
Amounts of Money On Legal Fees by Using an Arbitrator Instead of
Court,” Newspaper Financial Executive Journal, September 1993,
Volume 47, Issue 2.

4. “Thieves May Be Among Us,” Newspaper Financial Executives
Journal, October 1993, Volume 47, No. 3.

5. “Bankruptcy Weeds Out the Inept,” Newspaper Financial
Executives Journal, November 1993, Volume 47, No. 4.

6. “Cable Electric: A Public Power Co.,” Bulletin (Northwest Public
Power Assn.), July 1994.

7. “Legal Daze: What You Should Know Before You Buy A Lawyer,”
Newspaper Financial Executives Quarterly, October 1994.

8. “Small Business Should Profit From Deregulation of Energy
Utilities,” The Business Journal, Sonoma & Marin, 9/26/95; Solano & Napa, October 1994.

9. “Billing Reconstruction,” IURPA NEWSLETTER, March 1995,
Volume 6, Issue 1.

10. “Metering Relationships in the Era of Deregulation,” Public
Utilities Fortnightly, March 1, 1995.

11. “Arbitration: Will It Make Litigation and Lawyers Obsolete?,”
Newspaper Financial Executives Quarterly, April, May, June 1995,
Volume I, Issue 3.

12. “Chapter 11’s: Winding Your Way Through Disclosure Statements,” Newspaper Financial Executives Quarterly, April, May, June 1995, Volume 1, Issue 3.

13. “Dishonesty in the Workplace:  Stolen Instruments and Allocation of Loss — This Liability Could Be Yours Alone,” Commercial Law
Bulletin, May/June 1995.

14. “Fraud in the Workplace: Missing, Stolen and Embezzled Checks,” Business Credit, The Publication For Credit And Financial
Professionals, June 1995, and Employment Marketplace, Winter 1995.

15. “Credit Information Applications: A Simple Baking Lesson,” Credit Research Digest, June 1995.

16. “QA 2/Common Questions on Interest Charges on Wholesale
Accounts,” McCords, July 1995.

17. “Winding Your Way Through Chapter 11 Disclosure Statements
and Plans of Arrangement,” Business Credit, The Publication For
Credit And Financial Professionals, July/August 1995.

18. “A Creditor’s Loss Becomes the Debtor’s Reorganization,”
Commercial Law Bulletin, July/August 1995.

19. “QA 2/Checks,” McCords, August 1995.

20. “QA 2/Beating the Preference,” McCords, August 1995.

21. “Road Map Through Fraud: Stops, Backroads, Turnouts and
Detours,” Commercial Law Bulletin, November/December 1995.

22. “Metering Relationships in the Era of Deregulation,” Public
Utilities Fort Nightly, March 1, 1995.

23. “Resins, Epoxies, SuperGlue and the Uniform Commercial Code,” Commercial Law Bulletin, December 1996.

24. “Financial Statements: A Road to Hidden Treasures,” Commercial Law Bulletin, January/February 1998.

25. “Settlement Strategies” Commercial Law Bulletin
November/December 1998.

26. “Grow Your Small Change into Big Money,” Commercial Law
Bulletin, May/June 2000.

27. “Getting Paid is Getting There,” The Forum, September/ October 2009. This article has been also published by The Commercial Law League of America in their publication entitled Debt 3 (November 2010)

28. “The Garden Hose is the Insurance Policy,” Plaintiff’s Magazine,
January 2010.

29. “The Defendant Has Not Written You a Check- Now What?,” TheFederal Lawyer, February 2010.

30. “Getting Started.” California Litigation (State Bar of California
Publication) May 2010. This article is also published by The
Commercial Law League of America in their publication entitled Debt 3 (Vol. 25, Issue 4, July/August 2010)

31. “The Morning After – A Romp Through Asset Protection”
Commercial Law League of America Free Press Creditors’ Rights
Section Newsletter – Volume 6, Summer 2010.

32. “Lifting the Veil of Asset Protection: Strategies to Uncover Hidden and Secreted Assets through the Development of Tent Pole
Jurisdiction.” Financial Fraud Law Report, October 2010.

33. “Class Actions and the Limits of Recovery: The Glass Jaw of
Justice,” Part 1 of 2, Journal of Legal Technology Risk Management, Fall 2010, Issue5.1* 1.(November, 2010) [Peer Reviewed]

34. “Survey of Oppressive Terms In Real Property Leases: Unintended Consequences, Hidden Risks and Surprises.” Commercial Law League of America Free Press Creditor’s Rights Section Newsletter, Vol 7, Fall 2010.

35. “Post-Judgment Remedies in Reaching Patents, Copyrights and
Trademarks in the Enforcement of a Money Judgment.” [Can The
Sheriff Sell Dorothy’s Ruby Slippers?]Northwestern Journal of
Technology and Intellectual Property, Vol. 9, No. 3, Fall 2010.

36. “Contract Terms as Asset Protection.” Debt 3[Commercial Law
League of America], Vol. 25, Issue No. 6, November/December 2010.

37. “The Liability of Financial Institution to an Attorney’s Client when the Attorney Endorses a Settlement Check Without Authorization.” Financial Fraud Law Report, Vol. 3, No. 1, January 2011.  

38. “Badges of Fraud in Real Estate Transactions-Kicking Over the Rotten Logs” PI Magazine, February, 2012.

 

39. “Reviewing Records to Find Fraud”  Financial Fraud Law Reports, Vol 3, No. 2, Feb. 2011

 

40. “The Death of Chapter 11 Plans: Are Confirmed Chapter 11 Plans Subject to Statutory Renewal?” Pratt’s Journal of Bankruptcy Law, Vol. 7, No. 1, January 2011.

 

41. “Offshore Is Not Out Of Touch: Post-Judgment Enforcement Against Customers Of Offshore Judgment Debtors” (cover story) Debt3 [Commercial Law League of America], January/February 2011, p. 9-12, Vol. 26, Issue 1.

 

42. “Disentitlement Of The Debtor From Judicial Proceedings: Defiant To the End”  Debt3 [Commercial Law League of America], (cover story) March/April 2011, p. 8-14, Vol. 26, Issue 2.

 

43. “The Discretionary Stay Against Enforcement of a Judgment” Los Angeles Lawyer, April 2011, Volume 34, No. 2.

 

44. “Lifting the Veil of Asset Protection: Foreign Manufacturers are Offshore But Not Out of Reach” Pratt’s Journal of Bankruptcy Law, Volume 7, Number 4, pages 330-343, May/June 2011.

 

45. “The Garden Hose Is The Insurance Policy” Commercial Law League of America Free Press Creditors’ Rights Section Newsletter, The Free Press – Volume 8, Spring 2011.

 

46. “Getting Your Career In Gear” 53 Orange County Lawyer, 32-39, May, 2011.

 

47. “TMI: Online Tools For The Digital Trial Lawyer” Orange County Lawyer, Volume 53, No. 6, June 1, 2011.

 

48. “The Digital Sherpa” Debt3 [Commercial Law League of America], (cover story) May/June, 2011, Vol 26, No. 3.

 

49. “The Chapter 11 Reset: Can Plans Die Of Old Age?” Commercial Law World, [Commercial Law League of America] (cover story), July/August 2011, Volume 28, Issue 3.

50. “Turning the sow’s ear in the silk purse-finding gold in the empty judgment” Plaintiff, September 2011.

 

51. “Vacating or preserving stale judgments bearing inherent defects: Setting aside the final judgment” Commercial Law League of America, Free Press Creditors’ Rights Section Newsletter, Volume 10, Summer 2011.

 

52. “Finding Gold in An Empty Judgment” Commercial Law World, [Commercial Law League of America] (cover story), September/October 2011, Volume 29, Issue 4.

 

53. “When the Attorney Endorses the Client’s Name to the Settlement Check.” Plaintiff, October, 2011.

 

55. “Success in Prosecuting a Bankruptcy Non-Dischargeability Proceeding: The Default Judgment is the Key in the Courthouse Door. ” CLLA Connections, October 27, 2011 Issue.

 

56. “Crashworthy Contracts,” Business Law Newsletter (State Bar of California publication), Issue 3, 2011.

 

57. “Making Settlements Pay: How to Mitigate the Risks of a Default.” Commercial Law World, November/December 2011, Volume 30, Issue 5 (cover story).

 

58. “Woe Unto the Bankrupt Plaintiff who Doesn’t Schedule the Lawsuit.” Metropolitan News-Enterprises, Tuesday, December 6, 2011.

 

59. “Success in Prosecuting a Bankruptcy Non Dischargeability Proceedings,” Metropolitan News-Enterprises, Tuesday, December 20, 2011.

 

60. “The Death of the Post Judgment Stay at the Hands of an Attachment,” Orange County Lawyer, Vol. 54, Number 1, January 2012.

 

61. “The Problem With Personal Injury Lawsuits And Bankruptcy.” Commercial Law World, January/February 2012, Volume 27, Issue 1.

 

62. “The Life and Death of Federal Judgments and Chapter 11 Plans,” Metropolitan News-Enterprises, Friday, January 13, 2012.