Creditors’ Rights / Bankruptcy

1. Relief From Stay
2. Claims Litigation
3. Preference Litigation
4. Dischargeability
5. Fraudulent Conveyance
6. Conversion/Dismissal
7. Objection to Confirmation
8. Adversary Proceedings
9. Cash Collateral


Relief From Stay

This firm’s bankruptcy litigation attorney team has over 35 years of combined experience and expertise in challenging the automatic bankruptcy stay that halts collection actions and/or foreclosure proceedings once a bankruptcy petition is filed.  Our bankruptcy litigation attorney team enjoys a proven track record of obtaining relief from stay for our clients who are then free to proceed with foreclosure on real property, repossession and sale of personal property pledged as collateral and pursuing lawsuits, including eviction proceedings, against individuals or entitles who have filed bankruptcy.  Our team is equipped to handle complex, heavily litigated matters as well as routine and uncontested matters. 

Claims Litigation

This firm’s bankruptcy litigation team represents creditors, both secured and unsecured, in contested proceedings brought by the bankruptcy trustee or the debtor that challenge the validity of our clients’ claims in the bankruptcy.  Our attorney team also represents creditors in contested proceedings brought by the bankruptcy trustee or a debtor that seek to recover certain pre-petition and post-petition payments made by a debtor to our clients.

Preference Litigation

This firm’s bankruptcy litigation attorneys successfully represents creditors in bankruptcy litigation initiated by the bankruptcy trustee or a debtor seeking to recover payments made by the debtor to a creditor in the 90 days prior to the bankruptcy filing.  Our team diligently works to defend preference litigation and/or negotiate resolution and settlement of preference litigation in line with the goals of our clients.

Dischargeability

This firm represents creditors, both secured and unsecured, in bankruptcy litigation aimed to challenge the discharge of particular debts based on the actions of the debtor.  Our bankruptcy litigation attorneys possesses a thorough understanding of the bankruptcy laws relating to the dischargeability of debts in bankruptcy and aggressively fights to obtain judgments against the debtor that will survive the bankruptcy discharge.

Fraudulent Conveyance

This firm’s bankruptcy litigation team represents creditors, including a major financial institution, in adversary proceedings filed by the bankruptcy trustee or the debtor seeking to recover property that is claimed to have been transferred before the bankruptcy filing by the debtor for little or no consideration or with the actual intent to hinder, delay or defraud a creditor.  Our litigation team thoroughly reviews the facts of the transactions at issue and vigorously asserts all applicable defenses to preserve our clients’ positions. 

Conversion/Dismissal

Conversion occurs where a bankruptcy case is filed under one Chapter of the Bankruptcy Code and is “converted” to another, and the conversion may be voluntary or involuntary.  A dismissal may be ordered by the Court as provided in the Bankruptcy Code, and is intended to “undo the bankruptcy case” and restore all property rights of all parties as existed at the commencement of the bankruptcy case.  We have extensive experience in representing creditors to vigorously protect their interests in connection with the conversion or dismissal of a debtor’s bankruptcy case.

Objection to Confirmation

This firm’s bankruptcy litigation attorneys have extensive experience in counseling creditors during the process of a debtor’s plan confirmation under Chapters 11, 12 or 13 of the Bankruptcy Code.  We have a thorough understanding of the complex bankruptcy laws under each Chapter, and are prepared to negotiate resolution of disputed claims, as well as file an objection to confirmation and handle litigation related to plan confirmation.

Adversary Proceedings

An adversary proceeding is a lawsuit filed within a debtor’s bankruptcy case which is related to the bankruptcy case, which may arise in the context of dischargeability of debts, preference actions or complaints to determine the validity, priority or extent of liens.  We have the knowledge and expertise to represent creditors in instituting adversary proceedings to preserve their interests and to defend against adversary proceedings filed by the bankruptcy trustee or debtor. 

Cash Collateral

Cash collateral is cash, negotiable instruments, deposit accounts and rent received from a debtor’s tenants, inventory and other cash equivalents of which a creditor has a secured interest in a Chapter 11 bankruptcy case.  Under the Bankruptcy Code, debtors are prohibited from using cash collateral without creditor consent or a court order.  Our bankruptcy litigation attorney team is experienced in negotiating agreements with debtors regarding the use of cash collateral, as well as aggressively litigating claims related to the unauthorized use of cash collateral.