Creditor’s Rights and Bankruptcy
Creditor’s Rights and Bankruptcy
Our firm represents commercial creditors and real estate owners and managers in bankruptcy cases, nationwide. The hallmarks of this representation are quick analysis of bankruptcy proceedings, efficient monitoring of developments, and timely action to preserve rights and claims. We provide strategic advice for clients when opposing parties threaten or commence insolvency proceedings – including cases under chapters 7, 11, and 13 of the Bankruptcy Code, as well as proceedings after a general assignment for the benefit of creditors.
We have deep experience in bankruptcy cases involving real estate. This includes the resolution of time-sensitive issues of possession, lease assumption, rejection and abandoned property. When a commercial tenant files bankruptcy, we provide knowledge, insight, and timely action to protect our client's rights and interests.
Representative Work
• Represented major national shopping center owners in dozens of large retail tenant bankruptcies in Delaware, New York, Virginia, Ohio, Florida, and in all districts in California
• Successfully resolved numerous bankruptcy claim disputes, preference actions, and disputes over assumption and rejection of commercial real property leases
• Advised a national insurer on modifications to policy documents to address uncertainty created by bankruptcy preference statutes
• Represented a landlord’s claims and leasehold interests in a skilled nursing facility during the bankruptcy estate’s auction of the debtor’s property, to ensure successor tenant was qualified, licensed, and in compliance with lease obligations
• Assisted clients defending voidable transfer claims, avoidance actions, and recovery of preferential transfer lawsuits
