Bankruptcy

We provide sophisticated, practical advice in all aspects of creditors’ rights, bankruptcy, insolvency, and commercial law. 

Javerbaum Wurgaft represents companies across a wide range of industries, including energy companies, equipment financing companies, landlords, property owners, franchisors and general unsecured creditors, as well as individuals in both debtor and creditor matters and serve as national bankruptcy counsel to several major companies.  We represent our clients in all matters related to financial distress including corporate governance, business finance, insolvency related asset purchases and other distressed M & A, reorganizations and workouts, corporate acquisitions, commercial litigation, debtor-in-possession financing and complex credit and other financings inside and outside of bankruptcy and insolvency settings.

Our Bankruptcy/Creditors’ Rights group aims to streamline negotiations and, where possible, achieve a consensual resolution.  When necessary, however, our lawyers will not hesitate to enforce clients’ rights in all facets of state and federal litigation, including enforcement of contractual rights, mortgage and lien foreclosure, contested bankruptcy sales, judgment enforcement, contested plans of reorganization, valuation hearings, the prosecution and defense of preference and fraudulent transfer actions, and the assumption and/or rejection of executory contracts and leases.

Lawyers in the Bankruptcy and Creditors’ Rights group are also frequent authors and lecturers on all aspects of commercial and insolvency law and our group includes a former judicial clerk with the United States Bankruptcy Court.

Bankruptcy and Insolvency
We provide clear, practical advice in bankruptcy and insolvency matters.

• For creditors, Javerbaum Wurgaft will protect and assert creditors’ rights in the most economical and efficient manner possible, representing major secured and unsecured creditors and equity holders throughout all aspects of the restructuring process. We quickly and proficiently analyze rights and advise as to the best and most cost-effective manner by which to assert and protect rights of recovery.
• For companies in distress, Javerbaum Wurgaft is skilled at handling both traditional bankruptcy filings under Chapters 7 and 11 of the Bankruptcy Code as well as out-of-court workouts, wind-downs or liquidations under state law. Recognizing that timing is crucial, our lawyers promptly evaluate options to develop the best course of action. 
• For those seeking to acquire assets through a bankruptcy sale, our group provides a streamlined approach to the acquisition — from initial drafting of the purchase agreement, through the bankruptcy auction process and eventual closing.

Creditors’ Rights
The attorneys in Javerbaum Wurgaft’ Bankruptcy/Creditors’ Rights group have significant, results-oriented expertise representing secured and unsecured creditors and equity holders throughout all aspects of complex debtor-creditor disputes. We aggressively seek enforcement of contractual rights to curtail a lengthy litigation process, whether by prompt prosecution of claims or consensual resolution of the matter when possible.

• Our attorneys prosecute commercial real estate mortgage foreclosure actions on behalf of secured lenders, handle applications for rent receivers when appropriate, and defend lender liability claims and other affirmative defenses to foreclosure as necessary.
• Our group represents secured creditors in seeking enforcement of their rights to collateral under the Uniform Commercial Code. After possession is obtained, we assist with the liquidation and disposition of creditor-collateral through both public and private sales in compliance with the Uniform Commercial Code.
• We have expertise in complimentary proceedings to recover and uncover a judgment-debtor’s assets and regularly assist creditors in all aspects of judgment enforcement including initiating actions under State-law fraudulent transfer statutes, the Uniform Commercial Code, and applicable State and Federal RICO and receivership laws.
• We also counsel clients on the front end, before a crisis, to ensure their form contracts provide enforceable rights and remedies upon default.
• Javerbaum Wurgaft also applies its extensive bankruptcy and creditor rights’ experience to its representation of trustees and creditors’ committees in chapter 11 reorganizations and structured liquidations as well as receivers and other fiduciaries appointed under state law.

Commercial Law
Javerbaum Wurgaft’s Bankruptcy/Creditors’ Rights attorneys apply their broad-based interdisciplinary knowledge in the commercial law field to all manner of corporate law issues, including advising boards of directors and investigating such actions after the fact, asset sales and dispositions, secured transactions, loan and mortgage financings and other credit-related transactions.