Breck E. Milde

Breck E. Milde

Location:
San Jose, California
Phone:
408-299-1200
Fax:
408-998-4895
E-mail:

Breck Milde has extensive litigation experience in the state and federal courts in the areas of commercial law; secured and unsecured transactions; creditor's rights; lender liability; real estate law (including purchase and sale transactions, landlord-tenant disputes, real estate broker liability, boundary and easement disputes, partition actions, construction law and homeowners association matters); bank operations law; negotiable instruments; insurance coverage; and bad faith. He is experienced in all phases of pleadings, discovery, law and motion, prejudgment remedies (including writs of attachment, writs of possession, receiverships, temporary restraining orders, protective orders, and preliminary injunctions), summary judgments, arbitrations, mediations, workouts, trials, writ proceedings, enforcement of judgments, and appeals.

Breck practices bankruptcy law under Chapters 7, 11 and 13 of the Bankruptcy Code, primarily representing creditors in adversary proceedings, relief from stay motions, claims disputes, objections to plans of reorganization, motions for the conversion or dismissal of bankruptcy cases, cash collateral proceedings, enforcement of executory contracts, appointment of trustees, preference and fraudulent transfer litigation, as well as post-confirmation matters.

Breck has experience both as in-house and outside legal counsel for financial institutions, providing advice and litigating matters involving negotiable instruments, checks, wire transfers, letters of credit, bank operations, lender liability, as well as collections. Mr. Milde also has extensive experience in negotiating and documenting loan modifications and restructuring, as well as judicial and non-judicial foreclosures.

Prior to joining Terra Law, Breck practiced at Jackson Tufts Cole & Black, LLP. Prior to that, he served as legal counsel to Comerica Bank, and Pacific Western Bank.

Additional information about Breck Milde:

  • Breck is a founding partner of Terra Law LLP.
  • Breck was a past chair of San Jose Bank Attorneys Association.
  • Breck is currently a member of the Congressmen Don Edwards Inn of the Court, a group consisting of bankruptcy judges and attorneys who practice in the area of Chapter 11 bankruptcy.

Breck is on the Judicial Arbitration Panel, and has acted as a Judge Pro Tem for the Santa Clara County Superior Court.

Breck was selected as a Northern California Super Lawyer in 2006, 2008, 2009, 2010, 2011, 2012 and 2013. The independent research firm Law & Politics describes the Super Lawyers as a "comprehensive and diverse listing of outstanding attorneys in Northern California representing a wide range of practice areas, firm sizes and geographic locations. Five percent of the lawyers in Northern California are named Super Lawyers."

Areas of Practice

  • Litigation
  • Commercial Law
  • Secured and Unsecured Transactions
  • Creditor's Rights
  • Lender Liability
  • Real Estate Law
  • Bank Operations Law
  • Negotiable Instruments
  • Insurance Coverage and Bad Faith

Bar Admissions

  • California, 1986
  • U.S. District Court Northern District of California, 1986
  • U.S. District Court Central District of California, 1990
  • U.S. District Court Eastern District of California, 1990
  • U.S. District Court Southern District of California, 2008
  • U.S. Court of Appeals 9th Circuit, 1990

Education

  • Santa Clara University School of Law, Santa Clara, California
    • J.D. - 1985
  • University of California, Santa Cruz, California
    • B.A. - 1981
    • Honors: With Honors

Published Works

  • China Opens for Business, California Lawyer, Vol. 5, No.8, August, 1985
  • Approaching an Action Against a Real Estate Broker, CEB Action Guide, 1993
  • California Debt Collection and Enforcement of Judgments, Matthew Bender Practice Guide, Editorial Consultant, 2006-present

Honors and Awards

  • Northern California Super Lawyers, 2013
  • Northern California Super Lawyers, 2012
  • Northern California Super Lawyers, 2011
  • Northern California Super Lawyers, 2010
  • Northern California Super Lawyers, 2009
  • Northern California Super Lawyers, 2008
  • Northern California Super Lawyers, 2006

Professional Associations and Memberships

  • California State Bar Association, Litigation and Business Law Sections, Member, 1986 - Present
  • Santa Clara County Bar Association, Member, 1986 - Present
  • Santa Clara County Bar Association, Bankruptcy and Commercial Law Section Executive Committee, 1990 - 1991
  • San Jose Bank Attorneys Association, Member, 1988 - Present
  • San Jose Bank Attorneys Association, Chair, 1997 - 1998
  • American Bar Association, Litigation, Commercial Law Sections, Member, 1984 - Present
  • Congressmen Don Edwards Inn of Court, Member, 2006 - Present
  • Community Legal Services Corporation, Board of Directors, 1997 - 1998

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