Bankruptcy, Creditors’ Rights and Insolvency Law

• Represented creditors in numerous Chapter 11 and Chapter 7 bankruptcies in bankruptcy courts across the country, including matters pertaining to plans of reorganization, leases and other executory contracts (such as supply contracts), critical vendor issues, reclamation claims, vendor priority claims under Section 503(b)(9) and other related matters.
• Defended and pursued adversary proceedings including numerous preference and fraudulent conveyance claims.
• Representation of Chapter 11 debtors, Unsecured Creditors’ Committees, Chapter 7 trustees and court appointed receivers, either individually or as part of WNJ team, including:
  • Representation of clients in Section 363 bankruptcy sales
  • Represented numerous trade vendors in enforcing pre-bankruptcy rights, such as making demands for adequate assurance of performance and termination of supply contracts
  • Represented purchasers of assets in sales under Article 9 of the Uniform Commercial Code, as well as collateral surrender agreements
  • Filed construction liens (i.e., mechanics’ liens) for material suppliers and contractors; prosecuted and defended numerous construction lien foreclosure cases
• Pursued and defended judicial foreclosures; also experienced with foreclosure by advertisement and deeds in lieu of foreclosure.
• Experienced in receivership proceedings, including representation of receivers as well as other parties in interest.
• Experienced in representation of clients in connection with dealer relationships, including termination issues and loans to financially troubled dealers.
• Routinely represents creditors in collection cases from small to large amounts, including claims on account, guarantees, secured creditors seeking to recover their collateral by claim and delivery (replevin) actions.