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Bankruptcy & Creditors' Rights

Increasing economic pressures, a changing regulatory environment and the rapid revamping of business models combine to create enormous challenges for those doing business in the United States and beyond. Creditors today are faced with critical, complex problems that cannot be easily solved with formulaic approaches or traditional thinking. Successfully navigating bankruptcy, reorganization and related litigation requires experience, resolve and a willingness to examine issues from a variety of fresh perspectives.

Regularly recognized in Chambers USA, the CSG Law Bankruptcy & Creditors’ Rights Group is national in scope with a focus in New Jersey, New York and Delaware. Our attorneys principally represent creditors seeking to enforce their rights in bankruptcy, and are often called upon by secured creditors looking to maximize collateral recovery, as well as landlords seeking to protect their lease rights and minimize financial exposure from a commercial tenant in bankruptcy.

Bankruptcy & Creditor's Rights Litigation

The fast-paced, high stakes and sensitive nature of bankruptcy litigation demands sophisticated legal counsel with a nimble, strategic mindset. When the constituents affected by a corporate bankruptcy seek recovery, how do you – as one of many creditors – secure a favorable outcome?

Comprised of powerhouse trial lawyers and several of the region’s most respected bankruptcy attorneys, the CSG Bankruptcy & Creditors’ Rights Litigation Team is well-positioned to aggressively pursue your interests both in and out of court. Our attorneys take pride in delivering rapid responses to fast-moving bankruptcy challenges to help clients secure a seat at the table and maximize their recoveries.

Clients – both secured and unsecured creditors – turn to CSG Law for representation on a variety of matters, including:

  • Claim allowance disputes
  • Commercial foreclosures
  • Enforcement of defaulted commercial loans and guarantees
  • Loan sales
  • Pre-litigation workouts and restructurings
  • Sale/acquisition of distressed debt and assets
  • Post-petition financing and cash collateral matters
  • Representation of sureties in bankruptcy matters
  • Plan negotiation and contested plan confirmation issues
  • Avoidance action litigation, including preference and fraudulent transfer matters
  • Federal appellate practice

The team’s attorneys work closely with the rest of the firm to counsel clients on corporate, environmental, tax, intellectual property, employment and real estate matters pertinent to reorganization. This cross-disciplinary approach allows us to address the range of legal issues every bankruptcy presents.

Distressed Mergers & Acquisitions

For many reasons, sellers and purchasers of distressed assets often prefer the vehicle of a bankruptcy Section 363 sale to consummate the sale of a business or its assets. Reasons for the preference include the more effective resolution and treatment of transaction-related challenges – including environmental issues, tax and pension obligations and employment-related issues – and the unwinding of complex corporate structures that require a buyer to address intercompany debt obligations.

The seasoned bankruptcy attorneys at CSG Law have helped countless clients manage the end-to-end bankruptcy sale process. The Group often works with colleagues across the firm’s specialized practice areas to develop sophisticated solutions in response to the complex issues that arise across the spectrum of M&A transactions – whether of a publicly-traded company, a closely-held limited liability company or a “mom-and-pop” operation.

Our services for those engaged in distressed M&A transactions include:

  • Negotiation and documentation of sale
  • Arranging for and documenting financing
  • Securing necessary permits, licenses and approvals
  • Representation before Bankruptcy Court

Non-Bankruptcy Creditors’ Rights

CSG Law has a sophisticated commercial foreclosure practice designed to help clients maneuver through complex state and federal foreclosure laws and procedures to maximize a creditor’s recovery from its real property collateral.

We also represent creditors caught in the web of a rejuvenated practice under various state laws known as Assignments for the Benefit of Creditors (“ABCs”). Like a bankruptcy filing, an ABC represents the potential for a total loss to creditors unless skilled and knowledgeable legal counsel are retained and familiar with this alternative proceeding to bankruptcy. In cases where fraud is suspected, or there has been the fraudulent transfer or dissipation of assets or collateral, CSG Law rigorously pursues pre-judgment actions such as attachment, replevin, the appointment of statutory and custodial receivers and injunctive relief, all designed to preserve assets and the status quo before a bankruptcy or ABC is filed that restricts a creditor’s options.

 
Sam  Della Fera, Jr.

Sam Della Fera, Jr.

Member
Co-Chair, Bankruptcy & Creditors' Rights Group
Phone (973) 530-2076sdellafera@csglaw.com

Robert E. Nies

Robert E. Nies

Member
Co-Chair, Bankruptcy & Creditors' Rights Group
Phone (973) 530-2012Fax (973) 530-2212rnies@csglaw.com

Armen  Shahinian

Armen Shahinian

Member
Member, Executive Committee
Chair, Fidelity & Surety Group
Phone (973) 530-2002NY Phone (212) 973-0572ashahinian@csglaw.com

Scott A. Zuber

Scott A. Zuber

Member
Practice Group Leader, Bankruptcy & Creditors' Rights Group
Phone (973) 530-2046Fax (973) 530-2246szuber@csglaw.com