Case Studies
- David T. Sykes, Former Duane Morris Managing Partner and National Leader in Bankruptcy Law, Dies at 72
- Q&A With Duane Morris' Rudolph J. Di Massa, Jr.
- Top Bankruptcy Law Firms and Lawyers 2009
- Duane Morris Partners Eduardo Ramos-Gómez, Oliver Massmann and William Schrag to Speak at New York State Bar Association's International Section Fall Meeting
- Risk and Recovery 2009: The Changing Face of Bankruptcy in Today's Economy
- Duane Morris Partner Larry Kotler to Moderate Panel at 6th Annual Distressed Investing Forum
- Failure to Amend Claim Can Violate Bankruptcy Rule Equivalent to Rule 11
- Date of Incurrence of Debt Critical to Setoff Determination
- Despite Failure of Trustee's Arguments, Debtor's Principal Personally Liable
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.
