Representation of Secured & Unsecured Creditors
Experience
Pre-bankruptcy and in bankruptcy, we provide a full range of services to help financial institutions and other secured creditors protect their interests and maximize their recoveries, including:
- ensuring adequate protection of collateral;
- seeking restrictions on the debtor's use of cash collateral;
- obtaining relief from the automatic stay, allowing a creditor to foreclose or repossess collateral;
- defending secured creditors against challenges to their secured status, the value of their collateral, or the priority of their claims; and
- advising clients on the restructuring of secured claims in connection with a reorganization plan.
We also represent trade and other unsecured creditors to maximize the distribution they receive in bankruptcy cases, including litigating objections to their claims, enforcing contract and lease rights, and recovering property owned by creditors but in the debtor's possession.
Representative Matters
Current and recent notable engagements include:
- representing a major shopping center owner and developer in various bankruptcy cases to protect its interests as a creditor and in connection with commercial landlord-tenant issues arising in bankruptcy;
- acted as counsel to a syndicate of secured creditors (national banks) in a New Jersey Chapter 11 case of a failed environmental remediation and development project in Meadowlands, New Jersey (achieving dismissal of the case and thereby permitting clients to liquidate their collateral related to the project, including substantial bond proceeds; worked closely with valuation experts on issues related thereto); and
- represented a major international consortium of diamond manufacturers in connection with the successful workout of debt owed to it by a U.S. entity in which it had invested $30 million.
Team +
Counsel
Associates
Newsroom +
Windels Marx Ranked by Best Law Firms® in 2024 - Nov 2, 2023
For 2023, Super Lawyers Recognizes 13 Lawyers in New York Metro Edition and 6 Rising Stars - Oct 16, 2023
Best Lawyers in America 2024 Recognizes 30 Windels Marx Lawyers, 14 "Ones to Watch", 3 "Lawyers of the Year" - Aug 17, 2023
Windels Marx Named to the 2023 Roster of U.S. News – Best Lawyers "Best Law Firms" - Nov 3, 2022
For 2022, Super Lawyers Recognizes 12 Lawyers in New York Metro Edition and 2 Rising Stars - Oct 11, 2022
Best Lawyers in America 2023 Recognizes 25 Windels Marx Lawyers, 9 Ones to Watch, 4 Lawyers of the Year - Aug 18, 2022
James Sullivan Talks to Crain's NY Business About Bankruptcy Asset Sales and Finding Gold Amidst the Ashes - Dec 6, 2021
For 2021, Super Lawyers Recognizes 18 Lawyers in New York Metro and Rising Stars Editions - Sep 30, 2021
Howard Simon Quoted on Potential Dewey & LeBoeuf LLP Bankruptcy - May 21, 2012
Events +
James Sullivan Discusses Bankruptcy and Cryptocurrency with The Knowledge Group - Feb 15, 2023
COVID-19 - James Sullivan Joins Panel on May 28 on Small Business Bankruptcy Under The CARES Act and the SBRA - Sep 9, 2020
Publications +
Summary Judgment In Lieu of Complaint: The Most Straight Forward but Nuanced Path to Judgment - Mar 12, 2024
Debtors Can't Have Their Cake and Eat it Too: SDNY Bankruptcy Judge Rules that Hotel Must Pay Default Interest As Condition to Reinstating Loan - Aug 15, 2023
New Changes to Business Bankruptcy Law Enacted – But No Extension of the Increased Debt Threshold to Take Advantage of the Small Business Bankruptcy Law Implemented as Part of The CARES Act - Feb 11, 2021
10 Years After Koehler, NY Still Good For Judgment Creditors by Rob Malatak for Law360 - Mar 26, 2019
Related Practice
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For 2024, Windels Marx is ranked both in the National Tier 3 and the Metropolitan Tier 2 (New York City) for Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. In addition, we're ranked in Metropolitan Tier 2 (New York City) for Litigation - Bankruptcy. Visit the Best Law Firms directory and learn more about Windels Marx recognition.