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Bankruptcy, Financial Restructuring & Creditors’ Rights

  • Representation of debtors, creditors, committees, fiduciaries, plan sponsors, and asset purchasers in bankruptcy, restructuring, and creditors’ rights matters
  • Chapter 7 and Chapter 11 cases, out-of-court restructurings, and state court receiverships, including debtor-in-possession financing, cash collateral disputes, and distressed asset sales
  • Team includes court-approved mediators for the U.S. Bankruptcy Court, District of New Jersey and a Chapter 5 and 7 Trustee for the District of New Jersey

With expertise in all areas of federal and state court bankruptcy proceedings, as well as out-of-court restructuring, members of the firm’s bankruptcy, financial restructuring & creditors’ rights practice provide sophisticated and strategic counsel to businesses and individuals navigating the complexities of financial distress and insolvency. Our deep experience in all aspects of bankruptcy and insolvency matters encompasses Chapter 7 and Chapter 11 matters as well as state court receiverships and assignments for the benefit of creditors. Attorneys in this area of our practice are court-approved mediators for the U.S. Bankruptcy Court, District of New Jersey and serve as a Chapter 5 and 7 Trustee for the District of New Jersey.   

The firm represents a diverse range of clients in financial restructuring and insolvency proceedings, including debtors, secured and unsecured creditors, creditors’ committees, asset purchasers, court-appointed fiduciaries, plan sponsors and other stakeholders. We have particular experience representing developers of commercial and residential projects, investors and landlords in real estate related insolvencies and distressed properties. We are equally adept at handling negotiations with lending institutions, committees, and other parties with interests in a particular case.

Financial challenges call for proactive and creative strategies that protect our clients' interests, whether through negotiated settlements, debt reorganization, or aggressive litigation. We regularly handle matters involving Chapter 11 reorganizations, Chapter 7 liquidations, distressed asset sales, preference and fraudulent transfer actions, and all related bankruptcy litigation. Our representation of clients in Chapter 11 cases includes cash collateral and debtor-in-possession (DIP) financing, sales of assets, liquidating plans, corporate restructuring and reorganizations, assumption and rejection matters, representation of boards of directors in insolvency cases, and preference and fraudulent transfer issues.

The firm’s approach leverages our broader strengths in commercial litigation, corporate, real estate, environmental, tax and employment law.

Representative Matters

  • Representing a nationwide equipment distributor in multi-jurisdictional successor-liability litigation involving alleged exposure exceeding $150M, defending claims that the client assumed liabilities of a separate company through intellectual property licensing arrangements. The matters include actions pending in New Jersey and California federal courts, with motions to dismiss pending, as well as representation of a company principal in a related Chapter 11 bankruptcy proceeding in New Jersey.
  • Advised a medical practice in a Chapter 11 bankruptcy proceeding involving competing claims from a private equity sponsor, an acquisition lender, and the practice’s physician owners. The matter addressed disputes arising from the dissolution of the practice, restrictive covenant issues, and claims exceeding $35 million. The firm guided the parties to a global settlement and confirmation of a Chapter 11 plan of liquidation, resolving all claims.
  • The firm advised on the sale of the Woodbridge Hilton to WBCMT, a securitized lender. The sale was part of the Chapter 11 bankruptcy proceeding of Inn at Woodbridge Inc. in which the firm represented the debtor.
  • Represented debtor Munire Furniture Company Inc., a manufacturer and distributor of children’s furniture, in a Chapter 11 proceeding in the U.S. Bankruptcy Court for the District of New Jersey, Trenton Vicinage, resulting in the sale of the company’s assets to Heritage Baby Products LLC.
  • In the Chapter 11 Plan of Reorganization for Branchburg Commerce Park LLC, the debtor emerged from Chapter 11 with a modified mortgage loan negotiated during the Chapter 11 with an agreement to pay creditors approximately 15% over several years. The debtor owns and manages a commercial condominium consisting of office and warehouse space.

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