Creditors Rights & Bankruptcy

The partners have had a long and successful history of representing creditors, both secured and unsecured, in bankruptcy and other insolvency proceedings, including receiverships, workouts, reorganizations and liquidations.  They have represented lenders in mortgage foreclosures, OREO sales transactions, and UCC foreclosures.  Both institutional and individual clients have benefited from our work on their behalf in preference and fraudulent conveyance adversary proceedings filed in bankruptcy.  Finestein & Malloy has also carved out a niche in the handling of complex real estate matters and disputes within bankruptcy proceedings, representing lenders, title companies and others in matters involving stay relief, mortgage priority, lien avoidance and the trustee’s strong arm powers.  The following list includes key areas of our representation:

• Defense of Preference Claims and Fraudulent Transfer Actions
• Motions for Stay Relief
• Defending Against the Trustee’s Use of Strong Arm Powers
• Special Counsel to Court-Appointed Receivers
• Determination of Validity and Extent of Liens In Bankruptcy
• Claims Objection Proceedings
• Reclamation of Goods In Bankruptcy Proceedings
• Representation of Lenders in Attempted Mortgage Cram-Downs
• Representation of Sureties in Construction Bankruptcies