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Overview

Greenspoon Marder LLP’s Bankruptcy and Reorganization Practice Group takes a comprehensive approach to bankruptcy law, drawing on the particular experience of attorneys practicing across our full-service business law firm. Our team focuses on keeping our clients out of the courtroom, because experience has shown that this approach often leads to beneficial results and considerable cost savings for our clients.

Our team has experience in representing:

  • Buyers of Assets
  • Creditors’ Committees (in Court Proceedings)
  • Unofficial Creditors’ Committees (Out-Of-Court Situations)
  • Individuals
  • Institutional Lenders
  • Investors
  • Landlords
  • Private and Publicly Held Corporations (as Debtors and Creditors)
  • Receivers
  • Trustees

When reaching an out-of-court settlement is not possible, Greenspoon Marder’s Litigation Practice Group has decades of experience in representing bankruptcy clients. Our attorneys routinely appear before the United States bankruptcy courts, United States district courts and state courts throughout the United States.

Creditor Representation

Greenspoon Marder’s attorneys have experience protecting and preserving the rights of secured, priority and unsecured creditors. Included among the matters we handle for creditors are:

  • Obtaining Relief from Stay/Adequate Protection
  • Filing Proofs of Claim
  • Contesting Motions to Value Collateral
  • Contesting Use of Cash Collateral
  • Defending Voidable Transfer Lawsuits Under Bankruptcy Code and State Law
  • Prosecuting Dismissal of Bad Faith Bankruptcy Filings
  • Prosecuting Denial of Discharge under §727 of the Bankruptcy Code
  • Prosecuting Non-Dischargeability of Debt under §523 of the Bankruptcy Code
  • Contesting Plan Confirmation in Chapter 11, 12 and 13 Cases

Debtor Representation

Greenspoon Marder’s Bankruptcy and Reorganization Practice Group assists distressed individuals and businesses during difficult economic times. Included among the matters we handle for debtors:

  • Asset Exemption Consulting
  • Assignments for the Benefit of Creditors
  • Bankruptcy Chapter 7 (Individual & Business)
  • Defending Discharge and Dischargeability of Debt Lawsuits in Bankruptcy
  • Insolvency and Debt Consulting for Individuals and Business
  • Out of Court Debt Restructuring and Negotiation
  • Prosecuting Dischargeability of Tax Liabilities in Bankruptcy
Meet the Team Sub-Practices
  • Financial Recovery

    In response to dramatic shifts in the economic environment, Greenspoon Marder LLP has expanded to assist clients in managing the challenges that the real estate marketplace has presented.

    Our attorneys regularly provide legal services and counsel to financial institutions, creditors, receivers, trustees, creditor committees, buyers of distressed assets, Commercial mortgage-backed securities (CMBS) special servicers and investors. Wherever possible, our attorneys strive to resolve debtor/creditor issues in an out-of-court workout. Experience has shown that this approach can often lead to beneficial results for our clients with considerable cost savings, over the expense and risk of litigation.

    Our team advises clients in evaluating their assets, establishing workout strategies, creating the workout’s legal structure, and then negotiating the workout.

    Our team routinely handles:

    • Chapter 11 Reorganization Proceedings: Bankruptcy filed under Chapter 11 is generally filed by business entities that require time to restructure debt and involves a reorganization of the debtor’s business affairs and assets pursuant to a court approved plan of reorganization.
    • Out-of-Court Workout: A negotiated agreement between a debtor company and creditor for the reorganization of a company’s debt.
    • Chapter 7 Liquidation: A sale of debtor’s non-exempt property and distribution of proceeds to creditors.
    • Debt Restructuring Proposals to Lenders from Borrowers: Formation and negotiation of debt restructuring proposals on behalf of borrowers and institutional lenders.
    • Assignments for the Benefit of Creditor Proceedings: Insolvency proceeding governed by state law, as an alternative to Chapter 11 and Chapter 7.
    • State Court Corporate Liquidations: Legal representation of assignees, assignors, creditors and purchasers of assets in assignments for the benefit of creditors.
    • Purchases from Distressed Situations: Legal representation of potential purchasers and purchasers of assets from entities and individuals in financial distress, including representation of borrowers and lenders for non-performing debt.
    • Creditor Committee Representation: Representation or performance of services for an appointed, unsecured creditors’ committee or equity security holders’ committee.
    • Trustee and Receiver Representation: Legal representation and performance of services for Chapter 7 and Chapter 11 bankruptcy trustees appointed in bankruptcy cases.
    • Workout-Related Tax Planning and Consultation: Tax counsel pertaining to debt forgiveness, debt restructuring and exchange of property for debt, as well as debtor and creditor use and treatment of tax assets.
    • Due Diligence for Non-Performing Assets
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