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Our Bankruptcy and Creditors' Rights Department represents secured lenders and other creditors in the resolution of troubled business credits, distressed real estate, and reorganization and liquidation proceedings under the Bankruptcy Code. In addition, we regularly represent debtors in possession, trustees, creditors and examiners in Chapter 11 proceedings. We also have extensive expertise in the representation of financial and insurance institutions in connection with commercial real estate loan foreclosures and work-outs, including industrial, multi-family, office, retail, construction loans, affordable housing projects, residential projects, and sub-division and condominium developments.
The firm takes an aggressive and proactive approach to resolving troubled credits, whether through restructuring, deeds-in-lieu, bankruptcy or litigation. Our bankruptcy and work-out experience includes the following:
- The representation of financial institutions, lenders, REMICs, REITs and other tax-favored entities in bankruptcy proceedings, foreclosures and real estate workouts, including restructuring and enforcing troubled mortgage loans.
- The representation of creditors, debtors in possession, trustees, creditors committees and examiners in the Bankruptcy Courts in Connecticut, Deleware, Massachusetts, Rhode Island, New Hampshire and Maine.
- The representation of owners and secured lenders with respect to copyrights, trademarks, patents and other intellectual property including the protection of security interests in all forms of intellectual property, as well as the sale and use of intellectual property in financing and credit transactions.
- The representation of equipment lessors and lessees and other parties to asset based and equipment lending transactions including the recovery of leased property and the disposition of personal property under the Uniform Commercial Code.
- The representation of unsecured creditors, suppliers and trade creditors in bankruptcy proceedings, both in the recovery of claims and in the defense of preferences and other avoidance actions brought by bankruptcy trustees.
- The representation of landlords in bankruptcy proceedings, including proceedings for the assumption or rejection of real estate leases, the recovery of unpaid rentals and the assignment and renegotiation of lease terms with Chapter 11 debtors.
- The representation of sellers and buyers of notes secured by distressed real estate.
For more information about our Creditors' Rights and Bankruptcy Department, please contact Scott Rosen or Melvin Simon.
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