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Bankruptcy, Restructuring & Commercial Litigation

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The Hodgson Russ Bankruptcy, Restructuring & Commercial Litigation Practice Group has extensive experience representing all types of parties in connection with complex bankruptcy and insolvency matters—including related transactional matters and litigation proceedings. Because of this experience, the group is able to evaluate client matters quickly and then promptly develop and implement creative solutions to advance and protect our clients’ interests.

In addition to the group’s broad substantive and experiential base in bankruptcy, insolvency, transactions and litigation, we frequently partner with Hodgson Russ’s other practice groups to provide our clients with a full spectrum of legal services.

Experience

• Workouts, restructuring, arrangements, and compositions both outside the context of pending bankruptcy proceedings and before the U.S. bankruptcy courts, including cases and adversary proceedings under Chapters 7, 11, 12, and 13 of the U.S. Bankruptcy Code
• Federal and state insolvency-related tax issues and proceedings
• State and federal fraudulent conveyance laws
• Preference avoidance actions in bankruptcy proceedings
• Corporate and individual asset protection
• Secured "Article 9" transactions, commercial paper, and sales of goods, all as governed by the Uniform Commercial Code
• Commercial real property leases, including eviction proceedings
• Law of lender liability
• Bank loss prevention issues, including bank fraud, commercial paper, and related Uniform Commercial Code issues
• Protection of secured lender and secured creditor collateral positions and enforcement of obligations owed to such parties
• Civil provisions of the Racketeer Influenced and Corrupt Organizations Act (RICO)
• Mortgage, Article 9, and mechanics' lien foreclosures; replevin actions; and statutory actions to recover chattels and other foreclosure work
• Corporate trust matters
• Obtaining and enforcing money judgments
• Court-appointed receivership proceedings

Representation

• Debtors, both publicly and privately owned
• Equity owners of debtors
• Secured and unsecured creditors
• Financial institutions, including commercial banks, savings banks, and other private lenders
• Creditors' committees
• Equity security holders' committees
• Trustees and examiners appointed in U.S. bankruptcy cases
• Court-appointed receivers
• Commercial landlords and tenants
• Buyers of assets in bankruptcy proceedings and in other foreclosure sale proceedings
• Federal Deposit Insurance Corporation (FDIC), Resolution Trust Corporation (RTC), Recoll Management and Niagara Asset Corporation, and other entities acting on behalf of such parties

The Hodgson Russ Bankruptcy, Restructuring & Commercial Litigation Group is able to represent clients' interests before the bankruptcy courts of any district in the United States and practices regularly before all federal and state courts in New York and Florida at the trial and appellate levels. We are licensed foreign legal consultants in Ontario.

Cross-border practice

Hodgson Russ lawyers in our Canada offices practice U.S. law exclusively. Over the past 50 years, our Firm has developed a distinctive practice advising Canadian clients on a broad range of cross-border and U.S. legal matters. Important areas of cross-border practice include U.S. corporate finance and securities, immigration, international tax, structuring of business interests and other corporate law issues, intellectual property, labor and employment, strategic alliances, environmental, bankruptcy, and insolvency law. Hodgson Russ attorneys work cooperatively with Canadian clients' accountants, Canadian attorneys, and other professional advisors.

For more information, please contact:

Garry M. Graber, Practice Group Leader
716.848.1273
ggraber@hodgsonruss.com