Bankruptcy and Creditors’ Rights
Davison Eastman Muñoz Paone PA have wide-ranging experience in all aspects of bankruptcy and creditor rights matters in both state and federal courts.
Our attorneys have counseled multi-national asset-based lenders and recovered tens of millions of dollars on their behalf. We have obtained a litany of pre- and post-judgment remedies to safeguard our clients’ collateral and maximize recovery on distressed financial loans. We have repeatedly secured pre-judgment writs of attachment, writs of replevin, preliminary and permanent injunctive relief. We have obtained the appointment of receivers and examiners. We have investigated and recovered transfers of assets across the globe.
We have assisted real estate lenders, including large national banks, and smaller local banks, with loan modification agreements, foreclosure actions, enforcement of absolute assignments of rent, and appointment of rent receivers.
Within the bankruptcy courts, we have obtained prompt relief from the automatic stay, secured adequate protection payments and negotiated cash-collateral orders. We have also successfully prosecuted bad-faith filings, obtained dismissals of bankruptcy cases, and conversion of unconfirmable chapter 11 proceedings to chapter 7 liquidations and the appointment of a chapter 7 trustee. We have fought confirmation of chapter 11 and chapter 13 plans and negotiated favorable outcomes in countless proceedings.
Commercial landlords have benefited from our guidance in compelling debtors’ compliance with post-petition obligations, our success in compelling debtors to promptly assume or reject unexpired leases, negotiation of appropriate cure payments and a host of related issues.
We have appeared on behalf of national franchisors in bankruptcy courts across the country to defend their intellectual property rights and enforcement of the terms of their agreements with bankrupt franchisors.
Trade creditors have benefitted from our efforts to defend them from overstated preference and other avoidance claims and our assistance in obtaining priority claim recognition and reclamation, defense of proofs of claim, and guidance through the bankruptcy process.
We have successfully denied wrongdoers their discharge in bankruptcy and prevented the discharge of debts owed to particularly aggrieved creditors.
This breadth of experience provides counsel distressed businesses and their owners with regard to the variety of options available during troubled financial times.
This experience also provides in invaluable tool for our clients seeking to strengthen their loan agreements, contracts, and business practices to make them better suited to weather the storm that comes from the other’s non-performance, default and possible bankruptcy.