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 Tyco Adhesives, a former supplier to the Delphi Corporation entities, in connection with substantial preference actions asserted against it in the Delphi bankruptcy case.
  • 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.

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For 2021, Windels Marx is ranked in the Metropolitan Tier 3 (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.