Case Studies
80 percent return
Duane Morris lawyers lead one of the most remarkable turnarounds of 2006
Related News [ more ]
- Duane Morris Bankruptcy Lawyer David Sykes Receives Distinguished Service Award from the American College of Bankruptcy
- Duane Morris Practice Groups, Partners Honored by Chambers USA
- Burton Awards Program Honors Duane Morris for Legal Writing
Past Events [ more ]
- Duane Morris Partner Larry Kotler to Moderate Panel at 6th Annual Distressed Investing Forum
- Duane Morris Partner Jerome Wolf to Speak at 2008 Caribbean Insolvency Symposium
- Duane Morris Partner Jim Holman to Speak at 6th Annual Distressed Debt Summit
Related Publications [ more ]
- Bankruptcy Court Decides Indemnification Claims Against Debtors' Directors, Officers
- A Cautionary Tale: The Crime of Concealing Assets in Bankruptcy
- A Split in the Circuits Over Assumption of an Executory Contract
Attorney Listing
Creditors' Rights and Advisory Services
Due primarily to the firm's long history of representing banks, other commercial lenders and insurance companies, lawyers in the Business Reorganization and Financial Restructuring group have extensive experience in the protection and advancement of creditors' rights in insolvency situations.
Often, the protection of a creditor's rights requires the filing of a claim or the taking of some other action in a debtor's bankruptcy case. Just as often, however, creditor's rights are protected in non-bankruptcy courts by recourse to various state and federal laws such as fraudulent transfer and conveyance laws (based on either the Uniform Fraudulent Transfer Act or the Uniform Fraudulent Conveyance Act), the Uniform Commercial Code, title and lien recording statutes, laws regarding receiverships and assignments for the benefit of creditors, as well as various provisions of state corporation and business association laws.
Knowledge of the vast body of debtor-creditor law also translates into the ability to advise clients regarding business strategies and transactions, and to structure and prepare documentation for transactions or business programs in order to help identify and, where possible, limit the client's exposure to counterparty credit risk. Our lawyers are often called upon by clients to structure agreements in anticipation of the counterparty's bankruptcy, insolvency or failure to perform. These agreements range from litigation settlement agreements to warehousing agreements, and from collateral trust, insurance indemnity and surety bond agreements to securities lending, swap and other derivatives transaction agreements.
For more information, please contact Rudolph J. Di Massa, Jr. or any of the practice members referenced in the Attorney Listing.