Representation of Secured & Unsecured Creditors
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.
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.
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
COVID-19 - James Sullivan Joins Panel on May 28 on Small Business Bankruptcy Under The CARES Act and the SBRA - Sep 9, 2020
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