
Bankruptcy, Restructuring & Commercial Litigation
Contact
- 716.848.1361
Professionals
The attorneys in our Bankruptcy, Restructuring & Commercial Litigation Practice have extensive experience representing all types of parties in complex bankruptcy and insolvency matters, including related transactional matters, loan workouts and restructurings, and litigation proceedings. Our attorneys evaluate client matters promptly and develop and implement creative solutions to advance and protect clients’ interests.
This team practices regularly before all federal and state courts in New York at the trial and appellate levels.
Our experience includes:
- The assessment, development and preparation of workouts, restructuring arrangements, and compositions both inside and outside the context of pending bankruptcy proceedings and before the U.S. bankruptcy courts, including cases and adversary proceedings under Chapters 7, 11, 12, 13, and 15 of the U.S. Bankruptcy Code
- Protection of secured creditor collateral positions and enforcement of secured obligations
- Asset and business acquisitions from bankruptcy estates
- Actions under state and federal fraudulent conveyance laws
- Preference avoidance actions
- Asset protection planning for business entities and individuals
- Secured "Article 9" transactions, commercial paper, sales of goods, and other Uniform Commercial Code matters
- Director and officer liability
- Lender liability
- Commercial real property leases and eviction proceedings
- Representation of foreign representatives of debtors in cross-border Chapter 15 cases
- Financial institution loss prevention issues, including bank fraud and commercial paper
- Federal and state insolvency-related tax, pension, and welfare benefit plan issues and proceedings
- 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 matters
- Court-appointed receivership proceedings
- Obtaining and enforcing money judgments
Our attorneys represent:
- Debtors, both publicly and privately owned
- Financial institutions, including commercial banks, savings banks, and other private lenders, including asset-based and real estate lenders
- Indenture trustees and bondholders
- Secured and unsecured creditors
- Equity owners
- Creditors’ committees
- Equity committees
- Trustees and examiners
- Court-appointed receivers
- Equipment lessors
- Commercial landlords and tenants
- Buyers of assets from bankruptcy and foreclosure sale proceedings
- The Securities Investor Protection Corporation
- Chapter 11 Bankruptcy Matter
- Chapter 11 Dismissal, Foreclosure Sale of Hotel on Behalf of Principal Secured Creditor
- Chapter 11 Matter
- Chapter 11 Proceedings for Full-Service Hospital
- Civil Enforcement Action
- Counsel to Trustees
- Dismissal of Chapter 11 Case Requested
- Procurement of Order Modifying Collective Bargaining Agreement on Behalf of Chapter 11 Debtor
- Reorganizing and Recapitalizing for Technology Companies
- Representation of Chapter 11 Trustee of Historical Building in Bankruptcy Proceedings
- Representation of Client in the Restructuring and Closure of a Paper Mill
- Representation of Creditor in Chapter 11 Proceedings Involving Commercial Mortgage Defeasance Company
- Representation of Energy Company in Holdings Deal
- Representation of Meat Distributor in Chapter 11 Proceedings
- Represented Partner in a U.S. Consumer Products Business in Connection With the Exit of the Equal Partner
- Successful Chapter 11 Proceedings on Behalf of Ski Resort
- Turned a Commercial Eviction Proceeding into Real Estate Deals
In the News
- Buffalo Business First, July 24, 2020
- Buffalo Business First, May 27, 2020
- Albany Business Review, August 21, 2019
- Buffalo Law Journal, October 15, 2014
- Buffalo Law Journal, March 17, 2014
- Albany Business Review, January 29, 2014
- Post Star, December 18, 2013
- Albany Business Review, October 21, 2013
- Buffalo Business First, November 30, 2012
- CNN Money, November 20, 2012
- August 21, 2012
- April 4, 2012
- February 1, 2012
- WKBW, January 24, 2012
- October 17, 2011
- December 20, 2010
- Buffalo Business First, November 25, 2009
- June 3, 2009
- Buffalo Law Journal, January 2009
- November 7, 2008
- June 17, 2008
- January 31, 2006
Press Releases
- Hodgson Russ Press Release, August 23, 2022
- Hodgson Russ Press Release, August 19, 2022
- Hodgson Russ Press Release, November 15, 2021
- Press Release, November 18, 2015
Publications
- Hodgson Russ Bankruptcy, Restructuring & Commercial Litigation Alert, November 11, 2020
- Hodgson Russ Bankruptcy, Restructuring & Commercial Litigation Alert, October 23, 2020
- Hodgson Russ Business Litigation and Bankruptcy & Restructuring Alert, June 22, 2020
- Hodgson Russ Bankruptcy, Restructuring & Commercial Litigation Alert, April 8, 2020
- Hodgson Russ Intellectual Property Alert, July 8, 2019
- A Close Look at Creditor Roadblocks in BankruptcyLaw360, May 14, 2014
- Law360, April 30, 2014
- Admissible and Persuasive Valuations of Debtors-in-PossessionNew York Law Journal, May 20, 2013
- New York Law Journal, March 4, 2013
- Throw the Keys on the Floor and Close the Door: When Simply Walking Away is more Economical than Filing a Chapter 7Chapter 7 Commercial Bankruptcy Strategies, 2013 ed., Aspatore Books, 2013
- In Re Vitro: Non-Debtor Third Party Release Manifestly Contrary to United States LawOntario Bar Association Insolvency Section Newsletter, December 18, 2012
- RADLAX: U.S. Supreme Court Holds Credit Bidding Required in Free and Clear Sale under Plan of ReorganizationOntario Bar Association Insolvency Section Newsletter, October 3, 2012
- Bankruptcy, Restructuring & Commercial Litigation Alert, August 28, 2012
- The Municipal Debt Adjustment Under Chapter 9 of the Bankruptcy CodeTalk of the Towns, a publication of the Association of Towns of the State of New York, March/April 2012
- Stern v. Marshall: The U.S. Supreme Court Pitches a Game ChangerOntario Bar Association Insolvency Section Newsletter, February 6, 2012
- UCC Perfection Good Enough to Protect Interests in Partially Completed AircraftAmerican Bankruptcy Institute Journal, February 2012
- Bankruptcy, Restructuring & Commercial Litigation Alert, September 21, 2011
- NYC-OTB's Implications for Chapter 9 Debtor Eligibility and 'For Cause' DismissalsAmerican Bankruptcy Institute Journal, September 2011
- November 16, 2010
- Commercial Bankruptcy Reform and Client ChallengesA chapter published in Inside the Minds: Navigating Recent Bankruptcy Law Trends, November 2010
- Bankruptcy, Restructuring & Commercial Litigation Alert, March 19, 2010
- 'Fraud and Deceit Abound' but do the Bankruptcy Courts Really Believe Everyone Is Crooked?: The Bayou Decision and the Narrowing of 'Good Faith'American Bankruptcy Institute Law Review, 2010
- U.S. Bankruptcy Law Update: General Growth - A Model for Secured Debt Restructuring and Preservation of Equity in Real Estate Investment TrustsInsolvency News, a publication of the Ontario Bar Association , January 2010
- The Watchful Eye, August 2009
- Financial Restructuring & Bankruptcy – State Law Lender RemediesLexis Practice Advisor
- The Journal of Corporate Renewal, October 2008
- The Journal of Corporate Renewal, April 2005
Presentations & Events
- November 17, December 1 & 15, January 5 & 19
- December 7, 2019
- Atlantic City, NJ, June 10, 2015
- Buffalo, NY, September 11, 2012
- New York, NY, May 23, 2012
- Buffalo, NY, April 10, 2009