Severson and Werson

Andrew S. Elliott is an associate in the Firm's Bankruptcy/Creditors’ Rights and Financial Services Litigation practice groups, where he provides counseling to some of the nation’s largest and most influential commercial banks, consumer finance companies, mortgage lenders, and a host of others involved in the realm of financial services.

Mr. Elliott received his J.D. from the University of California Hastings College of the Law, where he was a member of the Hastings Law Journal. While in school, he received the American Jurisprudence Award in Bankruptcy/Creditors’ Rights, Secured Transactions, and Trial Advocacy. Mr. Elliott also served as an extern to the Honorable Carlos T. Bea of the United States Court of Appeals for the Ninth Circuit.

Mr. Elliott holds a B.A. from the University of California at Berkeley. He is admitted to the State Bar Association of California.
 

Mr. Elliott's primary area of legal practice:

Consumer, commercial and financial litigation, with an emphasis on bankruptcy and creditors’ rights.

Mr. Elliott's specific experience includes:

Consumer Bankruptcy: Representation of automotive finance companies and mortgage lenders in Consumer bankruptcy cases of Chapter 7, 11, 12, and 13 debtors; experienced in all aspects of consumer bankruptcies including relief from stay and adequate protection issues; Chapter 13 plan objection, confirmation and modification issues; discharge and dischargeability issues; Consumer Chapter 11 disclosure statements and plans of reorganization; lien avoidance issues; vehicle valuation and evidentiary hearings; lease assumption issues.

Commercial Bankruptcy: Representation of secured and unsecured creditors in Chapter 7 and 11 business bankruptcies; negotiating agreements and litigating the use of cash collateral; motions for relief from stay; negotiating and litigating confirmation of reorganization plans; and defense of preference and avoidance actions.

Compliance: Advise financial institutions as to practices and procedures and compliance with federal bankruptcy laws.

Litigation: Prosecution of lenders’ suits to collect loans and enforce loan agreements including appointment of receivers, attachments, claim and delivery, real property foreclosure, and enforcement of guaranty contracts; enforcement of judgments; prosecution of non-dischargeability complaints; defense of creditors in other adversary proceeding litigation including preference and avoidance actions; defense of financial institutions in Federal District Court; defense of manufacturers with respect to administrative claims brought before the California New Motor Vehicle Board.

Biographical Information:

Education: University of California, Berkeley (B.A., 2003); University of California, Hastings College of the Law (J.D., 2007)

Admitted to Practice: California

Professional Affiliations: Bar Association of San Francisco; Litigation and Business Sections of the California Bar Association

• In what may be the largest auto dealer finance case ever tried to jury verdict, Severson & Werson defended Nissan Motor Acceptance Corp. against $250 million in “lender liability” damage claims by a failed auto dealer group and prevailed with a $40 million judgment against the dealer after 5 weeks of trial. Nissan reports that this is the largest judgment it has ever obtained. The trial team included Duane Geck, Mark Kenney, Eric Troutman and Drew Elliott.   

• Severson defended Nissan Motor Acceptance Corp. against $250 million in “lender liability” damage claims by a failed auto dealer group and prevailed with a $40 million judgment against the dealer.
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