Bankruptcy, Reorganization and Creditors’ Rights

Attorneys in our Bankruptcy, Reorganization and Creditors’ Rights practice group are uniquely positioned to assist and counsel our clients on the many challenges that distressed debt poses for corporations, small business, individual debtors, and creditors. We represent secured and unsecured creditors, individual, corporate and small business debtors, institutional and non-institutional lenders, commercial and residential mortgage lenders, and other secured creditors in the following areas:

• Business Reorganization, Workouts and Debt Restructuring

Whether you are a small business or a large corporation seeking to reorganize in a Chapter 11 Bankruptcy, or looking to engage your creditors in order to work out your debt obligations out of court, we provide counsel to our clients on available relief, including recapitalization, government funded assistance, and the panoply of reorganization and restructuring options available under the law. We understand that working quickly to respond to immediate and emergent matters is crucial in identifying financial pressure points for businesses, and creating innovative solutions to preserve value.

• Liquidation Through Federal Bankruptcy and State Liquidation

Our primary goal is to preserve our clients business as a going concern, however where businesses are no longer able to operate effectively, we can assist in the expeditious and efficient sale and/or liquidation of company assets, whether through traditional bankruptcy, or under other available state liquidation remedies.

• Assignment for the Benefit of Creditors & Receiverships

In certain circumstances, a court-supervised third-party assignment of a business is the most cost-effective solution to achieving liquidation, without incurring the expense of a traditional bankruptcy.

• Secured and Unsecured Creditor Representation

As a lender, ensuring that your credit portfolio is afforded the greatest security available under the law is tantamount. We have counseled clients in secured debt transactions, ensuring adequate protection in a bankruptcy, and representing unsecured creditors while negotiating out of court debt restructuring with distressed borrowers or objecting to a bankruptcy discharge where appropriate.

• Institutional Mortgage Lenders, Foreclosure & Rent Receiverships

Our attorneys have represented regional and national financial institutions in litigation and bankruptcy related matters concerning secured real property, as well as in defense of affirmative actions by borrowers for lender servicing violations, truth in lending actions, and consumer fraud act claims. Our team is poised to ensure that no matter how large or small, your mortgage portfolio is protected and your rights are secured.

• Commercial Leaseholders & Tenants

Holders of commercial leases face unique challenges in the bankruptcy process. Our attorneys provide counsel to tenants in financial distress, as well commercial and residential landlords, ensuring that tenants interest in property rights, the landlord and the property itself are protected before, during and after a Notice of Bankruptcy Filing.

• Bankruptcy Litigation

Our experienced team of litigators can assist with all aspects of bankruptcy litigation, including:

  • Litigating stay relief motions and objections to discharge;
  • Defending preference, fraudulent transfer and lien avoidance claims;
  • Contesting cash collateral motions and plan confirmation;
  • Representing creditors and buyers in bankruptcy sales;
  • Representing condominium an homeowners associations in Chapter 7 and Chapter 13 cases; and,
  • Protecting the rights of commercial landlords in complex Chapter 11 cases.

Our collaborative team includes attorneys across our various practice groups that leverage years of experience in Complex Commercial Litigation, Commercial Real Estate, Corporate Law and Business Transactions and other groups to ensure that every asset of your business, whether as a creditor, vendor or a debtor, is afforded the practice-specific focus it demands.

Tags: GENOVA BURNS LLCLeonard S. SpinelliBankruptcy

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Leonard S. Spinelli
Associate
973.230.2085