Creditors’ Rights & Bankruptcy

Represents creditors of all sizes in state and federal courts. 

The Creditors’ Rights and Bankruptcy Practice Group at FRB focuses on business and consumer bankruptcy, creditors’ rights, judicial and non-judicial workouts, secured lending, asset recovery, and restructuring matters. Having a deep concentration in insolvency and creditors’ rights, the firm remains dedicated to preserving asset and going-concern values, rehabilitating financially distressed businesses efficiently, and maximizing recovery for creditors and vendors. In an environment where insolvency and related matters can be increasingly complex, we offer clarity and reliable guidance. 

Work With a Trusted Creditors’ Rights & Bankruptcy Attorney 

We listen carefully to our clients and provide tailored insight and advocacy on creditor protection, debt restructuring, receiverships and foreclosures, and strategic opportunities, both in bankruptcy and out-of-court. Our clients include real estate owners, managers, developers, investors, trade creditors, official and unofficial committees, equity participants, business owners, lenders, and other parties in interest. Financial institutions trust us to protect their interests as secured creditors in reorganization cases and liquidations. Our multidisciplinary team works to maximize recovery while keeping a close watch on balancing the tension between debt and equity. 

As seasoned business litigators, our attorneys have extensive experience in a wide range of creditor and debtor disputes in bankruptcy courts, as well as in state and federal trial and appellate courts. Our legal expertise allows us to respond quickly, proactively, and regularly to complex insolvency issues and creditors’ rights challenges. 

We regularly advise and represent clients on the following matters: 

• Develop and Advocate Creditor Plans in Bankruptcy Proceedings 
• Initiate and Defend Lawsuits Over Preference and Fraudulent Transfer Claims in Reorganizations 
• Cryptocurrency Insolvencies and Reorganizations 
• Negotiate and Complete Asset Acquisitions from Bankruptcy Estates 
• Structure DIP Loans and Exit Financing 
• Secure Appointment of State Court Receiverships and Initiate Assignments for the Benefit of Creditors 
• Initiate and Defend Commercial and Residential Foreclosure Litigation 
• Prepare and Defend Objections to Proofs of Claim 
• Prosecute and Defend Bankruptcy Adversary Proceedings and Motions 
• Commercial Landlord Litigation in Bankruptcy 
• Resolve Valuation and Insolvency Contests 
• Obtain and Enforce Rights of Claim Priority and Debt Subordination 
• Prosecute and Defend Trustee Litigation (Asset Turnover, Ponzi Schemes, Clawbacks, and Preference Claims) 
• Section 363 Auctions, Private Sales, and Liquidations 
• Provide Consulting and Advisory Services on Resolutions that Protect Clients’ Legal and Commercial Positions 

Our strength enables us to provide clarity, structure, and forward momentum on plans of reorganization, distressed asset acquisitions, leases, claims, and matters impacted by voluntary or involuntary filings. We also assist creditors with involuntary filings. We have a proven track record of enforcing and collecting judgments, orchestrating major workouts, and regularly restructuring and re-documenting asset-based loans. Clients can count on FRB’s creditors’ rights and bankruptcy lawyers for strategic pre-bankruptcy planning and expert advice at every phase of the insolvency cycle. 

Banks and Credit Unions 

Our attorneys have years of experience advising banks, credit unions, and other institutional lenders. We routinely handle legal matters on behalf of collection and asset recovery departments of credit unions and financial institutions in New York and New Jersey, whether it be state, federal or bankruptcy court litigation.  

We are uniquely positioned to step into urgent or complex situations and respond effectively to financial distress on behalf of financial institutions, ranging from regional banks and asset-based lenders.  

FRB’s Creditors’ Rights and Bankruptcy Practice Group serves as trusted advisors to collection and asset recovery departments, managing both litigation and non-litigation matters such as: 

• Secured Lender Representation and Asset Recovery (including compliance with the Fair Debt Collection Practices Act) 
• Preferential and Fraudulent Transfers, Insolvency Litigation, and Objections to Debt Discharge and Dischargeability 
• Mortgage Foreclosures and Receiverships 
• Workouts of Troubled or Non-Performing Loans 
• Distressed Mergers and Acquisitions 
• Governance 
• Regulatory Filing and Compliance Issues 
• Crisis Management and Dispute Resolution 
• Litigate Disputes Over Subordination, Priority, Guarantees, and Commercial Instruments 
• Judgment Enforcement, including Execution and Sale of Seized Assets 
• Uniform Commercial Code Issues 
• Garnishment Proceedings 
• Assignments for the Benefit of Creditors 
• Contested Reorganization Plans and Cash Collateral 

Relief From Automatic Stay Provisions 

How Can We Help? 

We provide clients with creative solutions that prioritize recovery and return on investment. Our team is ready to assist you. Contact FRB’s creditors’ rights and bankruptcy attorneys Richard E. Weltman or Michael L. Moskowitz at (516) 599-0888 or by submitting the contact form below to schedule your consultation.