Creditors’ Rights and Bankruptcy

Our counseling includes “exit-strategies” for banks and finance companies to cope with troubled credits and borrowers including those that resort to bankruptcies by methods such as restructuring, forbearance, voluntary surrender, foreclosure, meticulous management and replevin. Our attorneys have litigated against debtors, debtors-in-possession, other secured creditors and committees, prevailed on lift-stay motions as well as conducted adversary proceedings in Chapter 11 reorganizations and Chapter 7 liquidations. We have a proven track record in the areas of lease and personal property foreclosure and enforcement of creditors’ rights and remedies inside and outside of bankruptcy.

Our attorneys are adept at handling all aspects of commercial bankruptcy cases, from pre-petition planning, to the initial filings, asset sales and eventual reorganization. They have counseled a variety of entities in negotiations with lenders, creditors, lessors and bankruptcy committees to protect our clients’ interests and advance their goals.

Our attorneys have engaged in creditors’ rights and bankruptcy matters in the aggregate in excess of $250,000,000:

  • Represented major commercial banks as special counsel in numerous bankruptcy proceedings of debtor/lessors.
  • Advised major banks and lenders concerning defaulted lease and loan portfolios and documented workout and loan modifications.
  • Conducted numerous public and private UCC sales at foreclosure of auto lease and retail installment sale contract portfolios.
  • Recovered bank collateral from bankrupt debtors after trial.
  • Recovered numerous borrowers’ defaulted debt by moving expeditiously to complete private sales at foreclosure, prevailing on a bankruptcy court lift-stay proceeding and obtaining settlements from guarantors.
  • Represented municipal corporation in sale of a heavily indebted hotel through a structured bankruptcy sale of the property and related fixtures.
  • Recovered money judgments against defaulted borrowers after securing preliminary and permanent injunctions to preserve the bank’s collateral.

SCHICKLER KAYE LLP
One Rockefeller Plaza
11th Floor
New York, New York 10020
212-262-6400