Creditors’ Rights & Bankruptcy Law

The Creditors’ Rights and Bankruptcy Law Practice Group at Falcon Rappaport & Berkman focuses on business and consumer bankruptcy, creditors’ rights, non-judicial workouts, secured lending and asset recovery, and workout and restructuring matters. By concentrating efforts in these areas, the firm’s goals have never wavered preserving asset and going-concern values, expeditiously and efficiently rehabilitating financially distressed business enterprises, and maximizing recovery for both creditors, and business owners. The ever-increasing complexity of insolvency and related matters makes the practice particularly invaluable to the firm’s clients.

FRB listens closely to the needs of each client and offers tailored insight and advocacy on matters of creditor protection, debt restructuring, commercial and residential foreclosures, as well as strategic opportunities to acquire distressed assets, both in bankruptcy and out-of-court. Our clients include secured and unsecured lenders, real estate owners, managers, and developers, investors, trade creditors, official committees, equity participants, business owners and trustees, and other parties in interest in reorganizations, restructurings and loan workouts. Financial institutions engage the firm to protect their interests as secured creditors in corporate reorganizations under chapters 11 and 13 and liquidations under chapter 7. Plan opponents, lenders, business owners and committees engage the firm to maximize recovery while balancing the constant tension between debt and equity.

As commercial litigators, our attorneys have substantial experience in the broad range of creditor and debtor disputes which arise in the bankruptcy courts and state and federal trial and appellate courts. FRB attorneys have the legal expertise and depth of experience to respond decisively to complex insolvency proceedings and other creditors’ rights problems.

FRB’s Creditors’ Rights and Bankruptcy Law Practice Group advises and provides representation for business clients on matters related to:

• Bankruptcy chapters 7, 11 and 13
• Cryptocurrency insolvencies and liquidations
• Distressed asset sales and purchases
• Bankruptcy loans and exit financing
• State court receiverships and Assignments for the Benefit of Creditors
• Commercial and residential foreclosure litigation
• Mediation, arbitration and litigation in New York and New Jersey state and federal courts
• Bankruptcy adversary proceedings and motion practice
• Commercial landlord and tenant litigation in bankruptcy
• Valuation and insolvency contests
• Claim priority and debt subordination
• Proofs of claim
• Trustee litigation and defending asset turnover, fraudulent Ponzi schemes and similar failed investments, clawback, and preference claims
• Plan confirmation matters
• Buying and selling distressed assets and companies
• Section 363 auctions, private sales, and liquidations
• Consulting and advisory

The firm’s strength in this practice area enables its attorneys to develop creative plans of reorganization, counsel in the acquisition of assets, leases or claims, litigate contested matters and adversary proceedings and assist creditors with involuntary filings. The firm has also enforced, collected or worked out special loan situations, secured and unsecured, and has re-casted and re-documented asset-based loans. Our clients have come to rely upon the firm for strategic pre-bankruptcy planning and solid advice in connection with all phases of bankruptcy and creditor/debtor rights matters. This reliance has been rewarded by the firm’s proven track record and steadfast commitment to exceed each client’s expectations.

Banks and Credit Unions

FRB attorneys have years of experience providing quality legal representation to banks, credit unions, and other institutional lenders. The firm has the skills and knowledge to handle all manner of legal issues facing financial institutions. The practice’s long history of acting as outside trusted advisers and counselors for banks, secured lenders, factors, and credit unions places us in a unique position to aggressively advocate on your behalf and achieve the best outcome possible. FRB represents a wide variety of financial institutions, from regional banks to asset-based lenders to federal credit unions to equipment lessors. 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, as well as legal matters not involving litigation, such as:

• Collection services, including compliance with the Fair Debt Collections Practices Act
• Fraud investigations and objections to debt discharge and dischargeability
• Representation in liability actions
• Mortgage foreclosures
• Contract negotiations, executions, and modifications
• Legal audit services
• Regulatory filing and compliance issues

If you wish to discuss a creditors’ rights or bankruptcy-related matter or issue, feel free to contact Richard E. Weltman, Esq. and Michael L. Moskowitz, Esq. by calling (516) 599-0888, or submitting the contact form below. Inquiries are welcomed and e-mail communications are followed up promptly.