Bankruptcy-Related Litigation & Transactions
Experience
Our bankruptcy litigators have extensive experience defending parties against bankruptcy causes of action and related claims, including preference and fraudulent conveyance claims, actions to turn over property to the bankruptcy estate, and all other types of litigation claims, including commercial torts, breach of fiduciary
duty, breach of contract, and fraud.
In addition, we have guided clients through various bankruptcy-related transactional matters, such as acquiring assets pursuant to Section 363 sales and advising clients as to due diligence, competitive bidding and the court-approval process.
Representative Matters
- In re: Thomas Morford and Karen Morford, Bankr. Case No. 10-46534 (KCF), Civil Action No. 11-2586 (JAP)(D.N.J. 2012) - Successfully defended a lender when Judge Joel E. Pisano, U.S.D.J., affirmed the Bankruptcy Court's decision dismissing a Chapter 13 bankruptcy filing, which involved an attempt by the Debtors to cram down two subordinate mortgage liens on their residence. The New Jersey District Court's decision is significant because many borrowers in the current depressed real estate market are using the Chapter 13 cram down procedure to eliminate subordinate mortgage liens. The successful legal arguments advanced on behalf of our lender-client, when applied to other Chapter 13 cases, will sharply limit borrowers' eligibility for the Chapter 13 cram down.
- Representing various Chapter 11 and Chapter 7 debtors and trustees in the sale of some or all of debtors' assets, including a restaurant franchise and an airport hotel, and the related negotiations/litigation with secured creditors, labor unions, landlords and other parties in interest.
- Represented numerous defendants, including Tyco Adhesives, in the Delphi bankruptcy case to contest preference, fraudulent transfer and related claims in adversary proceedings.
- 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.
- Represented bankruptcy trustees to litigate fraudulent conveyance and state law claims to recover monies for the benefit of debtors’ estates.
Team +
Special Counsel
Counsel
Associates
Newsroom +
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
Best Lawyers in America 2022 Recognizes 22 Windels Marx Lawyers, 9 Ones to Watch - Aug 19, 2021
Madoff Team Triumphs Again Before U.S. Supreme Court in $3B Overseas Clawback Case - Jun 1, 2021
Madoff Case Garners DOJ Support for $3B Fund Clawback from Overseas Banks - Apr 13, 2021
Rob Malatak Featured in Crain's NY Business "Ask the Expert" on Workouts, Restructuring, Bankruptcy and Litigation - Sep 15, 2020
Howard Simon Quoted on Potential Dewey & LeBoeuf LLP Bankruptcy - May 21, 2012
Rod Honecker Wins On Behalf of Lender Related to Bankruptcy Decision - Jan 24, 2012
Events +
COVID-19 - Upcoming Webinars on The Main Street Lending Program - May 20, 2020
Publications +
Related Practice
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For 2023, Windels Marx is ranked in the Metropolitan Tier 2 (New York City) category for Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law. Visit the Best Law Firms directory and learn more about Windels Marx recognition.