• PDF
  • Bookmark and Share
  • They have an excellent level of expertise; they're practical, and while they tend to the details they always look at the overall picture.”

    They are an excellent full-service firm and can handle any aspect of a business transaction or litigation.”

    They were thorough in their analysis but were also practically oriented.”

    They are excellent - extremely professional and do a great job.”

    Other sources notes: “The team has particularly strong litigation and negotiation skills, which is very helpful when trying to resolve matters.”

    -Chambers USA


    Ranked in The Deal's Q4 2016 Bankruptcy League Tables

  • Ranked in The Deal's Q3 2016 Bankruptcy League Tables

  • Ranked in The Deal's
    Q1 2016 Bankruptcy League Tables

  • Ranked in The Deal's Q4 2015 Bankruptcy League Tables

  • Ranked in The Deal's
    Q3 2015 Bankruptcy League Tables

  • Ranked in The Deal's
    Q3 2014 Bankruptcy League Tables

Bankruptcy & Commercial Litigation

McCarter & English’s Bankruptcy & Commercial Litigation Practice is involved in all types of bankruptcy- and insolvency-related matters. Ranked by Chambers USA and at #12 in The Deal's bankruptcy league tables, we represent a wide variety of clients and interests from various industries in bankruptcy and assignment-for-the-benefit-of-creditor proceedings, and in out-of-court restructurings, workouts, and distressed-debt counseling, as well as debtors, trustees, secured and unsecured creditors, official and unofficial creditor committees, receivers, assignees, and buyers of distressed businesses and assets. Our attorneys handle all types of insolvency-related litigation (including Ponzi-scheme and fraudulent-conveyance litigation), commercial and residential mortgage foreclosures, UCC matters and foreclosures, collection actions, and all types of business and commercial litigation. We have foreclosed billions of dollars in defaulted mortgage loans, represent various interests in matters inside and outside of court involving billions of dollars in distressed debt, and are significantly involved in some of the largest and most publicized national bankruptcy cases.


Down economies often translate into high levels of insolvencies, and McCarter & English's Bankruptcy Team represents parties of interest in these proceedings. The team is involved in bankruptcies not only in Delaware, New Jersey, New York, Connecticut, Pennsylvania, Washington, DC and Massachusetts – where it maintains offices – but nationally as well.

The firm's fully staffed Wilmington office provides a local presence and alleviates the need for local counsel in this frequently-used bankruptcy venue. Clients in all offices are represented by experienced litigators, including a former bankruptcy judge, a former chief executive officer with twenty years of corporate experience, several former state and Bankruptcy Court law clerks and the firm's senior commercial litigators. Their diverse backgrounds supplement the legal experience of the team's 25-plus attorneys, allowing a better understanding of complex legal and commercial issues.

Our insolvency services extend far beyond litigation in Bankruptcy Court. For example, a member of the team has served as a Trustee under the Securities Investor Protection Act for the liquidation of two brokerage firms that engaged in substantial fraud. The team has also represented creditors' interests in the state rehabilitation of an insurance company, state liquidations of an HMO and state liquidations of business trusts.


We have extensive appellate experience. Many of our attorneys served as law clerks for state or federal appellate judges and justices, and are, as a result, well versed in the process and particulars of judicial decision making. Our attorneys appear in state appellate courts throughout the Northeast on a regular basis. We also appear frequently in matters before federal circuit courts of appeal. The group's appellate cases are often referred by other lawyers who recognize the specialized skills, training, and knowledge that an experienced appellate advocate brings to the table. In addition to briefing and arguing the traditional appeal from a final trial court judgment, our group is also prepared to provide general advice on appellate matters or to assist with or handle emergency matters, interlocutory appeals, amicus curiae briefs, administrative appeals, significant motions in major litigation, or any other issues in which an appellate court may eventually become involved.

Insolvency Risk Minimization

A key component in the success of any new financing or commercial transaction is addressing the risk of insolvency with the right structure, terms and agreements before a closing occurs. Our Insolvency Risk Minimization Team advises clients in transactional and letter of credit matters in order to minimize the consequences of future insolvency. We use a wide range of analytical and strategic tools and draw on our experience in risk assessment, bond trustee guidelines and municipality regulations to provide counsel and assistance.

The firm's nine offices allow the team to deliver one-stop service based on clients' local and regional needs. The team can also partner with the firm's Public Finance, Real Estate and Tax teams to provide comprehensive solutions for evaluating and offsetting risk.

Creditor Rights

Financial institutions require representation in out-of-court matters such as loan modifications, workouts, forbearance agreements, pre-packaged bankruptcies and a broad range of other commercial lending and collection matters. Our clients include banks, trustees, lessors, special servicers for securitized mortgage pools, life insurance companies, private lenders and a wide variety of other entities. We can work with unique non-performing loans and recalcitrant borrowers -- our goal is to resolve bad loans as quickly and efficiently as possible.

The Creditor Rights Team has extensive experience in all types of industries that borrow money, enforcing claims for principal, interest, default interest, late fees, pre-payment fees, SWAPS and attorneys fees. 

We litigate in all levels of state and federal courts. Our defensive work for financial institution clients encompasses litigating lender liability actions, including letter of commitment cases, all types of matters under the Uniform Commercial Code and the wide variety of claims raised by borrowers in an attempt to delay collection.

We begin with an analysis of our client's rights and objectives, and determine the best way to meet these goals cost-effectively, whether that involve negotiation or eventual litigation. As part of these efforts, the Group's workout attorneys apply a systematic approach to analyzing a borrower's strengths, weaknesses and relationship to other creditors to assure maximum return based on the overall financial picture.

The Team has broad experience representing all types of creditor interests. This includes loan sales, whether a single loan or part of a portfolio. The firm's office was the primary amicus in two noteworthy decisions by the New Jersey Supreme Court. In MetLife Capital, a unanimous New Jersey Supreme Court reversed a unanimous decision of the Appellate Division, upholding the viability of default interest and late charges in the lending context. In Sasco, a unanimous New Jersey Supreme Court again reversed a unanimous Appellate Division decision, upholding the rights of lenders to pursue borrowers and guarantors who commit fraudulent transfers. Our attorneys are frequently asked to assist with broad policy matters that go beyond the resolution of a single loan.

Business Restructuring

McCarter & English's team of business reorganization attorneys provides expert advice to business owners, investors, purchasers of distressed businesses and other parties affected by financial and operational challenges. Our work is conducted in court as part of bankruptcy and receivership proceedings and out of court in connection with privately negotiated restructurings and workouts. Our clients are involved in virtually every industry including retail, manufacturing, real estate development, health care, education, financial services, telecommunications software and biotechnology. With our assistance, our clients maximize enterprise values, preserve jobs and take full advantage of strategic opportunities.