Bankruptcy, Restructuring & Commercial Litigation

The attorneys in our Bankruptcy, Restructuring & Commercial Litigation Practice have extensive experience representing all types of parties in complex bankruptcy and insolvency matters, including related transactional matters, loan workouts and restructurings, and litigation proceedings. Our attorneys evaluate client matters promptly and develop and implement creative solutions to advance and protect clients’ interests.

What We Do

This team practices regularly before all federal and state courts in New York at the trial and appellate levels and has significant experience, including:

• The assessment, development and preparation of workouts, restructuring arrangements, and compositions both inside and outside the context of pending bankruptcy proceedings and before the U.S. bankruptcy courts, including cases and adversary proceedings under Chapters 7, 11, 12, 13, and 15 of the U.S. Bankruptcy Code
• Protection of secured creditor collateral positions and enforcement of secured obligations
• Asset and business acquisitions from bankruptcy estates
• Actions under state and federal fraudulent conveyance laws
• Preference avoidance actions
• Asset protection planning for business entities and individuals
• Secured "Article 9" transactions, commercial paper, sales of goods, and other Uniform Commercial Code matters
• Director and officer liability
• Lender liability
• Commercial real property leases and eviction proceedings
• Representation of foreign representatives of debtors in cross-border Chapter 15 cases
• Financial institution loss prevention issues, including bank fraud and commercial paper
• Federal and state insolvency-related tax, pension, and welfare benefit plan issues and proceedings
• Civil provisions of the Racketeer Influenced and Corrupt Organizations Act (RICO)
• Mortgage, Article 9, and mechanics’ lien foreclosures; replevin actions; and statutory actions to recover chattels and other foreclosure matters
• Court-appointed receivership proceedings
• Obtaining and enforcing money judgments

Who We Represent

• Debtors, both publicly and privately owned
• Financial institutions, including commercial banks, savings banks, and other private lenders, including asset-based and real estate lenders
• Indenture trustees and bondholders
• Secured and unsecured creditors
• Equity owners
• Creditors’ committees
• Equity committees
• Trustees and examiners
• Court-appointed receivers
• Equipment lessors
• Commercial landlords and tenants
• Buyers of assets from bankruptcy and foreclosure sale proceedings
• The Securities Investor Protection Corporation

Hodgson Russ was awarded a “Best Law Firms” Metropolitan Tier 2 ranking by Best Lawyers/U.S. News & World Report in the Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law category.

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