Bankruptcy, Commercial Loan Workout & Foreclosure

Bankruptcy:

The Bankruptcy practice at Lemery Greisler most frequently represents secured creditors in Chapters 11, 13 and 7 cases.  Lemery Greisler also represents unsecured creditors’ committees, trustees, Chapter 11 debtors in possession, and other parties in interest in the bankruptcy process.  

Our attorneys have a broad range of experience in every aspect of bankruptcy cases, including: enforcing creditor’s rights, defending creditors in fraudulent transfer and preference litigation or other adversary proceedings, serving as debtor’s counsel in reorganization cases, and prosecuting involuntary bankruptcy cases.  Additionally, Managing Partner Paul Levine has provided 25+ years of leadership serving as both a member of the Chapter 7 Panel of Trustees in the Northern District of New York and the District of Vermont, and as a Chapter 11 Operating Trustee and Subchapter V Trustee, giving Lemery Greisler a unique perspective when representing creditors and other interested parties in bankruptcy proceedings.  These collective experiences enable us to examine problems and strategies from all sides of the bankruptcy process, greatly enhancing our ability to resolve bankruptcy-related matters effectively and efficiently. 

Examples of the type of work we perform in bankruptcy cases and related matters include: 

  • Protecting the interests of financial institutions and other secured creditors by negotiating cash collateral protections, Code Section 363 sales, and plans of reorganization;

  • Obtaining adequate protection and stay relief;

  • Negotiating and securing debtor in possession financing;

  • Defending preference claims, fraudulent conveyance, and lien avoidance actions;

  • Litigating various issues in adversary proceedings and on appeal; and

  • Representing debtors in possession in Chapter 11 cases.

Commercial Loans & Foreclosure:

Lemery Greisler regularly represents institutional and other lenders in the workout of troubled commercial loans. This practice includes reviewing collateral files to identify and correct weaknesses in loan documents and collateral packages, working with lenders to negotiate terms with borrowers and guarantors, and documenting forbearance agreements and modification agreements. The Firm also works with lenders in liquidating collateral through private or auction sale, deed in lieu of foreclosure, and other non-litigated measures. When necessary, we take aggressive court action to protect the lender’s rights in collateral. Examples of such action include restraining unauthorized disposition and obtaining possession of collateral, and enforcement of guarantees and foreclosure of primary and collateral mortgages including the use of state court receivers. Other tools the Firm uses to expedite liquidation of the lender’s interest in collateral include sale and assignment of loans, assignment of foreclosure bids, and Bankruptcy Code Section 363 sales. In addition, we are pleased to assist lenders with regard to their rights and obligations under participation and intercreditor agreements and, as the case may be, as subordinate lien holders.

Attorneys

PAUL A. LEVINE

PETER M. DAMIN

CHELSEY T. LESTER

CHELSEY T. LESTER

MINGHONG JI

MEGHAN M. BREEN

JAVIER J. MENDEZ

CASSANDRA M. GIPE