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Creditors' Rights & Bankruptcy

The attorneys in the Creditors' Rights & Bankruptcy Practice Area provide guidance and counsel to business, institutional and individual clients in issues involving reorganization, receivership and insolvency, and resolving both their own financial affairs and difficulties as well as dealing with those of their clients and customers. Our diverse client base includes Fortune 500 companies, small to mid-size businesses, lenders of all types, as well as fiduciaries and consumers.

Our attorneys are experienced in dealing with all aspects of financial disputes and difficulties, both in and out of court. As a result, we assist creditors and debtors in matters from the earliest stages of economic decline through bankruptcy and reorganization. Our practice areas range from sophisticated out of court workouts and complex litigation to routine collections. Attorneys in this practice area work closely with other attorneys in the firm when matters arise involving corporate, tax, labor, real estate development and environmental issues.

Bankruptcies

We represent creditors, debtors, fiduciaries and other interests in bankruptcy proceedings in New Jersey, Pennsylvania, and New York. Our attorneys are involved in numerous local and national bankruptcy groups and associations. We have experience in all facets of bankruptcy including, but not limited to:

  • Involuntary and voluntary bankruptcies petitions;
  • Administrative, Priority, Secured and Unsecured claims;
  • Appointment of a Trustee or Receiver;
  • Conversion of Chapter 11 or Chapter 13 cases to Chapter 7;
  • Dismissal of a Bankruptcy Case;
  • Lifting the automatic stay;
  • Assignment of Executory Contracts or Unexpired Leases;
  • Sale/Purchase of estate assets;
  • Adversary proceedings involving contract disputes, preference payments, fraudulent transfers and non-dischargeability suits

Workouts/Restructuring: We represent lenders and borrowers in negotiating and documenting workouts to avoid litigation and can assist creditors and debtors in reaching restructuring solutions targeted at avoiding litigation and bankruptcy proceedings.

Foreclosures/Quiet Title: We represent lien and mortgage holders and defend borrowers in commercial foreclosure actions. Our attorneys also represent individuals in all types of title disputes, including quiet title actions. When retaining counsel in other jurisdictions is advantageous or cost effective for our clients, we have developed a large referral network of attorneys equipped to handle related proceedings in other jurisdictions.

Lessors/Lessees: Insolvency proceedings present unique issues for the lessor and lessee. We represent prominent area and nationally based real estate, vehicle and equipment lessors in collection and bankruptcy proceedings throughout the country.

Asset Based Recoveries: We have developed a substantial asset based recovery practice and we represent asset based lenders of all types including inventory and receivable lenders, factors, purchase order financiers, and equipment lenders. Due to the collateral typically involved in an asset based loan, our attorneys understand and have the experience to move quickly, in and out of court, in order to meet the lender's immediate asset recovery or redocumentation requirements and needs.

Giordano, Halleran & Ciesla, P.C. | Red Bank, NJ | Trenton, NJ | www.ghclaw.com | 1-800-842-1LAW