Receivership
News had the privilege of interviewing Thomas Coleman, a member of the
board of directors and former officer of the Los Angeles/Orange County
Chapter of the California Receivers Forum.
Tom’s father (Henry) was born in Texas in 1905.
However, when only 20 years old and seeking more temperate weather, he
drove a Model T Ford from sweltering Houston to the hopefully more
temperate San Francisco. He soon learned the accuracy of Mark Twain’s
aphorism that the coldest winter he ever endured was a summer in the City
by the Bay.
Finding the Bay Area too chilly, Henry drove
south, to the milder climate of Hollywood, where he secured employment
with an insurance agency on Sunset Boulevard. Tom’s mother, Betty, who
grew up in Missouri, later came to work in the same office, and,
eventually, she and Henry married.
A few years later, Henry transferred to the newly-established, Santa
Monica Office of the same insurance agency, and he and Betty moved to
Santa Monica — and — eventually, to Brentwood.
Tom came into the world on December 12, 1940. His
earliest education was at a private school in Brentwood, followed by the
local public elementary school. Subsequently, Tom graduated from Santa
Monica schools: Lincoln Junior High and Santa Monica High. When he was
nine years old, his interest took a musical turn with three years of
violin lessons that provided him with passable ability in junior and
senior high school orchestras.
Despite his fondness for music, Tom gravitated to
science and engineering. By the time he was 11, he held a General License
as an amateur radio operator. Aside from devastating the reception of the
few nearby television sets (devices weighing hundreds of pounds with
5-inch screens), Tom communicated with other “ham” radio operators
sometimes thousands of miles away. Their medium was not the voice, but
rather Morse Code.
Tom built his own “ham” radio equipment. These
undertakings truly demanded tremendous concentration and attention. He
followed schematic diagrams which were accompanied by instructions always
written in the most arcane terms. One wrong step in the construction
process would render all efforts ineffectual. On occasion, his electronic
projects departed from amateur radio. One such effort was the construction
of a Tesla Coil that produced a two-inch bolt of electricity. (The wizard
Nicola Tesla envisioned giant versions of this device that would
wirelessly supply electricity on a commercial basis, but this dream never
materialized.) Tom’s crowning achievement was that he almost electrocuted
himself, but survived.
Although he lost some of his interest in ham radio
and electronic construction projects during his later teen years, he
benefited from the tremendous learning value in a discipline that did not
admit to any error.
Despite adoring the technical world of
electronics, Tom concluded while growing up that the practice of law held
more promise for a lucrative career. After graduating from Santa Monica
High School in 1958, Stanford in 1962, and UCLA Law School in 1965, Tom
was admitted to the California Bar in January 1966, and remains an active
member to this date. At the time of his Bar Admission, the United States
Attorney General appointed him an Assistant United States Attorney, based
in Los Angeles.
During his four year stint in the U. S. Justice
Department, Tom was involved with many unique cases, including
representation of the U. S. Government in complex litigation arising from
the blowout of an undersea oil well off the Santa Barbara Coast, alongside
high level Justice Department lawyers. He also handled complex litigation
involving title disputes between the United States Government, the States
of Arizona and California, and private interests, involving water rights
and real estate bordering the Colorado River. Several defendants in
interesting cases Tom brought included Country and Western legend Johnny
Cash, whose RV overheated and caused a fire that burned thousands of
forest acres in the Los Padres National Forest in Ventura County. Mr. Cash
settled with the government for about 50 cents on the dollar for the
damages sought. Tom also successfully sued to eject a radio evangelist
doing business as Zzyzx Mineral Springs from 10,000 acres of government
land in and around a remote dry lake in the Mojave Desert.
In 1970, Tom left government employment and
entered private law practice with Don Smaltz, a fellow alumnus of the U.
S. Attorney’s Office. Eventually, Don and Tom became partners in the Los
Angeles office of Morgan, Lewis & Bockius, one of the world’s largest law
firms.
Additionally, and most importantly, 1970 brought
Tom the greatest of life’s gifts: He met the lady of his dreams, who
became his wife. Arlene and Tom came to each other via an introduction by
mutual friends, and in just a year, they tied the knot. Two years later,
their first child, Colin, was born, followed three years later by Justin.
Colin lives in Los Angeles, where he has for years enjoyed a career in the
hospitality industry, while Justin is a Professor of Psychology at City
University of New York, making his home in Queens, where he lives with his
wife Jamie and their two-year-old daughter, Parker. Even though Tom and
Arlene are separated by a Continent from Justin and his family, Skype at
least keeps all of them in visual communication.
After a number of years of private law practice
that included large corporate bankruptcies, Tom’s focus turned away from
bankruptcy practice, to receiverships initiated by securities enforcement
agencies, including the Securities and Exchange Commission and the
California Department of Corporations. His bankruptcy experience helped
him in receiverships involving real estate or other assets located in
multiple states, beyond the jurisdiction of the California Superior
Courts. For instance, the California Department of Corporations nominated
Tom as Receiver of a fraudulent investment company with thousands of
investors in commercial buildings throughout the United States. While each
building was to be owned by a separate limited partnership, investors’
funds were instead comingled to the extent that it was not possible to
trace invested funds to each property. Tom therefore sought and obtained
from the California Receivership Court an order authorizing him to place
each of the separate entities in Chapter 11 bankruptcy cases in one
federal judicial district: The Central District of California, based in
Los Angeles. Tom acted as the debtor-in-possession on behalf of each. He
subsequently obtained an order from the Bankruptcy Court in Los Angeles,
which substantively consolidated the interests of the entire pool of
investors, pursuant to the Bankruptcy Code.
Ensuing years brought him more receiverships
initiated at the requests of government agencies. However, he came to
specialize in receivership cases initiated by private individuals and
businesses that became embroiled in irreconcilable feuds which could only
lead to total annihilation unless a court ordered a takeover by the
steadying intervention of an official custodian, such as a receiver.
During the last 30 years, Tom has continuously
served as Receiver of operating businesses, including real estate
developers, construction companies, landlords, mortgage brokers, finance
companies, electronics, information technology, medical equipment, meat
packing, food processing and various manufacturing endeavors.
Additionally, he has served in analogous capacities – for example, as a
Delaware Chancery Court Liquidating Trustee. He has also served as the
receiver of assets in family law cases.
Tom’s professional affiliations include the
California Receivers Forum, Los Angeles/Orange County Chapter, of which he
has been a Director from 2008 to present and an Officer from 2009 to 2013;
the Turnaround Management Association, Southern California Chapter (of
which he was a Director from 1994 to 2000, including President from 1998);
Los Angeles County Bar Association (1966 – present): Chair, Judicial
Appointments Committee, (1987-89); Chair, Continuing Education of the Bar
Committee (1968 – 1972); Chair, Law Day Committee (1969). Tom was the
founder of Coleman Law & Receivership firm.
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