Bankruptcy

In Chapter 7 or 11 bankruptcies the firm represents lenders and secured creditors to preserve or establish lien priority. Usually the firm is retained to defend claims by the fiduciary in an adversary proceeding to declare a lien void, possibly because of fraud, or to relegate the lien to a position subordinate to the claims of creditors asserting that the transaction was a fraudulent conveyance by the debtor. In instances where the lender’s mortgage was not recorded prior to a Chapter 11 bankruptcy filing, we negotiate with the debtor and creditors on a plan of reorganization that restores the unrecorded lien priority. We also object to claims of competing creditors and to the debtor’s discharge where warranted, and to plans of reorganization which adversely affect the client. We invite you to review the reported bankruptcy decisions on this website for further amplification of the bankruptcy issues in which we are engaged.