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.

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.

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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