Areas of Practice


CREDITORS' AND DEBTORS' RIGHTS AND BANKRUPTCY

Interfacing with our corporate, litigation, and real estate practice areas is a specialized practice in creditors’ and debtors’ rights. Our creditor representation encompasses initial preparation of loan documentation and structured agreements, workout and loan restructuring transactions, collection and enforcement measures, and selective utilization of bankruptcy when deemed appropriate. Similarly, we offer debtor representation to individuals and corporate entities.

We have represented plaintiffs and defendants in commercial litigation and in bankruptcy-related adversary proceedings and contested matters, Chapter 11 trustees in major cases in the Northern District of New York, Committees of Unsecured Creditors as well as individual creditors in various jurisdictions, and Chapter 11 debtors.

These engagements have included:

  • Negotiation and approval of cash collateral stipulations.
  • Proceedings to obtain relief from the automatic stay.
  • Motions for the assumption or rejection of executory contracts.
  • Purchases of assets from a debtor’s estate.
  • Prosecution and defense of fraudulent conveyance and preference litigation.
  • Actions to determine the validity and priority of liens and for the recovery of property.
  • Motions to establish administrative priority claims.
  • Representation in preparing and filing claims and during the claims objection process.
  • Representation throughout the confirmation process including disclosure statements, objections and hearings on plan confirmation.
  • Appellate practice which includes experience before the district court, circuit court and the former Second Circuit Bankruptcy Appellate Panel.

Our objective is always the same for all our clients: to achieve the most cost-effective and viable economic solution in a given situation. Our practical business sense combined with expert legal skills and knowledge offers excellent guidance in this area of practice.