Creditors’ Rights, Bankruptcy & Reorganization
At Burch & Cracchiolo, we view bankruptcy-related proceedings as part of the larger continuum of commercial transactions, a deal or financial relationship has simply gone astray. Claims give rise to commercial litigation, a judgment is rendered, or a receiver about to be appointed, and the matter moves to a bankruptcy forum. We have an active presence in the full range of sophisticated debtor-creditor rights, both in and out of bankruptcy court. We represent banks, insurance companies, and other major creditors who find themselves as claimants in bankruptcy proceedings and non-bankruptcy workout situations.
The firm regularly represents parties in complex bankruptcy litigation at the trial court and appellate levels. We have extensive experience representing commercial creditors, debtors, debtors-in-possession, trustees, committees and third parties in all aspects of debt collection, credit relief, debtor-creditor litigation and asset transfers. Burch & Cracchiolo has successfully confirmed plans of reorganization, both in cases where the firm was representing the debtor-in-possession and also in cases where it was representing creditors who were the plan proponents. The firm provides a full range of services in connection with motions to lift stay, motions to compel debtors-in-possession to accept or reject executory contracts and similar procedures for secured lenders, equipment lessors and real property lessors.
Bankruptcy & Creditors’ Rights Litigation
Our team of bankruptcy litigators provides the unique combination of specialized knowledge of the bankruptcy process with experience in complex multi-party litigation disputes. We draw on our knowledge and depth of experience in banking regulation, tax and business law to provide the full set of skills required to meet our clients' demands.
Burch & Cracchiolo attorneys represent secured and unsecured lenders and lender groups, as well as landlords, trade creditors and bondholders, in the full range of litigation matters that start or end up in bankruptcy court or which arise out of insolvency issues.
We routinely practice in federal bankruptcy and district courts and have a strong track record in appeals before the district and appellate courts.
Professionals Practicing in Bankruptcy & Creditors’ Rights Litigation
At Burch & Cracchiolo, we support our clients with collections of bad accounts, replevin, receivership and garnishment actions and executions. Our attorneys are experienced with collections matters of all types, avoiding litigation when possible and pursuing vigorous collection in the courts when necessary.
Professionals Practicing in Collections
In conjunction with our Construction and Real Estate lawyers, we provide clients with comprehensive services necessary to enforce UCC liens, landlord liens, mechanic liens and other personal property liens.
Professionals Practicing in Lien Enforcement
Real Estate Workouts
Burch & Cracchiolo's real estate attorneys, with assistance from our attorneys who specialize in creditors' rights, bankruptcy and reorganization, have worked with numerous institutions on the full spectrum of loan modifications, assumptions, workouts and restructuring of loans, receiverships and bankruptcies.
Receivers or conservators are often assigned by courts to direct the disposition of assets for a corporation, individual or estate in bankruptcy, to help creditors recoup their loans to the extent possible. Burch & Cracchiolo attorneys have extensive experience working with receivers and conservators for the benefit of our clients.