Bankruptcy and Creditor's Rights

Bressler provides clients with a unique blend of business acumen, insolvency expertise and litigation experience.  Our Bankruptcy and Creditor's Rights team represents lenders, insurance carriers and landlords in reorganization, workout and litigated insolvency matters throughout the U.S. in both bankruptcy and non-bankruptcy courts. 

We represent creditors of all kinds.  Our clients include plan proponents, purchasers of assets, creditors, trustees, committees and other parties-in-interest in bankruptcy cases.  We offer legal counsel pertaining to the defense of preference and fraudulent conveyance claims, problem loans, debt restructurings, workouts, foreclosure and the bankruptcy process.

We resolve complex disputes involving real estate, commercial lending and corporate finance.  We work closely with the firm’s corporate, environmental, securities, franchise, insurance and real estate attorneys to assist creditors to overcome the broad range of insolvency related challenges.  Our experience also includes pre- and post-judgment actions that include a variety of claims involving lender liability, receiverships, rent sequestration, replevin, garnishment, attachment, fraudulent transfer and judgment enforcement.

We fully understand the critical nature of bankruptcy, as well as how it impacts our clients.  As a result, we are known for innovative techniques and solid guidance that neutralizes serious financial concerns.  Our attorneys have resolved such challenges ranging from loan workouts and modifications, to restructurings, to capital infusions, to devising alternatives to bankruptcy.

In the event a company becomes distressed, we are able to quickly respond.  We work diligently with secured and unsecured creditors, creditor committees and trustees in Chapter 7 and 11 bankruptcies to protect their investment and the value of the asset at hand.  We are also involved in debtor-in-possession financing agreements and modifications; cash collateral orders; and relief from the automatic stay.  Our attorneys have overcome complicated issues pertaining to disclosure statements and reorganization plans, claims objection litigation and unexpired leases and contracts.

Commercial bankruptcy proceedings often include litigation.  Insolvency litigation can commence before bankruptcy is even filed.  Major claims can be litigated days or weeks before the bankruptcy filing ensues, and often involve fast paced discovery and the analysis of complicated and sometimes ambiguous financial arrangements.  And while federal bankruptcy may be the best known option, there are many other state and federal remedies with which our team is familiar and which are utilized for the benefit of our clients.

Bressler litigators are savvy at both prosecuting and defending the host of claims that arise in the course of commercial bankruptcy.  We represent clients in the broad array of litigation claims filed in Bankruptcy Court and under the Bankruptcy Code.  We have successfully advocated our client’s position on the assortment of issues that arise in the course of bankruptcy litigation, including the resolution of disputes pertaining to:

  • Cash collateral
  • Debtor-in-possession financing
  • Confirmation of reorganization plans
  • Relief from the automatic stay
  • Preference recovery actions
  • Fraudulent transfer actions
  • Conveyance actions
  • Equitable subordination claims
  • 363 Sales transactions
  • Claims objections
  • Discharge and dischargeability
  • Sale or purchase of assets
  • Insurance coverage disputes
  • Fee disputes
  • Lender liability
  • Breach of fiduciary duty
  • Successor liability
  • Director and officer liability
  • Appeals

Obtaining the advantage at the onset of a bankruptcy claim is a critical component to a favorable outcome.  Our attorneys are known for seizing opportunities that allow for the advantageous resolution of complex disputes.  Our team is comprised of seasoned litigators who offer not only a comprehensive understanding of bankruptcy law and procedure, but are also able to quickly understand how businesses and specialized market segments function.  Our clients derive from a broad selection of industries, including financial and professional services, real estate, healthcare, industrial, manufacturing, retail, technology, transportation and agriculture, among others.

Effective advocacy on behalf of creditors.  Bressler offers a broad range of advisory and crisis management capabilities to creditors faced with distressed investments and bankruptcy claims.  Our clients include commercial and private lenders, lessors and other types of claim holders, both secured and unsecured, in all phases of creditor representation.

If and when a debtor files bankruptcy, our attorneys pursue claims and defend against preference actions by debtors and/or trustees engaged in clawbacks.  We aggressively seek relief from automatic stay, adequate protection and other procedures designed to safeguard our client’s financial interest.  The firm’s track record and hands-on experience in the negotiation, analysis, valuation and secured status, among other areas of Chapter 11 and 13 plan confirmation, make us second to none in the area of creditor representation.

Our attorneys advise committees and equity holders, as well as individual creditors and lenders on the protection of their rights and assets in both out-of-court restructurings and/or chapter 11 reorganization proceedings.  We also represent creditors in post-default and pre-bankruptcy workouts, restructurings and negotiations.  Whether the firm is called upon to seek immediate recovery via traditional litigation, or alternative resolution though covenant resets, equity cures, debt buybacks or standstills, we address each individual client’s concerns and goals.

Our lawyers provide solutions to the most challenging obstacles creditors face today.  Because we have represented both creditors and debtors, our “big picture” understanding of the many scenarios and complex landscape presented by bankruptcy enables us to offer invaluable perspective when important financial holdings are on the line.  Our vast experience in commercial law and litigation, lending and real estate, all of which are tools for representing creditors throughout the bankruptcy process, allow us to more effectively navigate beyond crisis.  Our business acumen and legal prowess have proven substantial in safeguarding the interests of creditors, as well as in collecting claims in the post-default phase.