Representation of Debtors


We help financially struggling businesses explore all of their options, from out-of-court resolutions to reorganization or liquidation under the federal bankruptcy laws. Our services include:

  • advising on and negotiating debt restructurings and other out-of-court solutions;
  • completing debtor's schedules and initiating the bankruptcy case;
  • assisting with business or asset sales;
  • advising on and negotiating debtor-in-possession financing;
  • analyzing and litigating creditors' claims;
  • analyzing - and, if necessary, enforcing - contracts and leases; and
  • negotiating, filing, and obtaining confirmation of plans of reorganization.

Representative Matters

Current and recent notable engagements include:

  • acting as special counsel to Irving H. Picard, the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC and the Chapter 7 Trustee of Bernard L. Madoff in connection with the recovery of assets for investors in Madoff's billion-dollar Ponzi scheme. In such capacity, we are currently litigating approximately 50 clawback lawsuits against transferees of assets of the debtors' consolidated estate. We are also acting as debtor's counsel in the chapter 11 case of a Madoff-related entity with partial ownership interests in a private jet and in an adversary proceeding commenced thereunder, seeking authority for a Section 363 sale free and clear of all liens; and
  • acting as special counsel to Lehman Brothers Holdings Inc., et al. in connection with the restructuring, refinancing, foreclosure on, and analysis of the debtors' substantial real estate portfolio.

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Related Practice

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