Bankruptcy Litigation | McCarter & English, LLP

Our lawyers have handled just about every type of litigated issue arising out of a bankruptcy proceeding including:

Preference & Fraudulent Conveyance Claims
Directors & Officers Litigation
Contested Claims
Contest Plan Litigation
Trustee and Fiduciary Litigation

Our team’s relevant experience in related subject areas like securities law, consumer finance, and financial services fraud, ensures clients receive comprehensive counseling and strategic advice to resolve disputes quickly, avoiding protracted litigation.

Obtained a dismissal of an action brought against our clients, a Canadian rail company and an American rail company, in New Jersey bankruptcy court on grounds that jurisdiction was lacking under the Carmack Amendment.

Secured a full recovery on $7 million in loans made by our grocery wholesaler client to a borrower within a contested state court litigation that required navigating a forbearance agreement and the borrower selling some assets.

Representing a commercial bank in litigation to collect a $5 million Small Business Administration loan made to a bankrupt construction company. The litigation involves liquidation of more than 400 pieces of machinery and equipment, four foreclosure actions, and multiple collection actions against guarantors.

Obtained a dismissal for the Navajo Times in a bankruptcy adversary action on the basis of a Sovereign Immunity defense. The court’s well-reasoned decision is published as Subranni v. Navajo Times Publishing Company, Inc. (In Re Star Group Communications, Inc.), 2016 Bankr. LEXIS 1893 (Bankr. N.J. April 29, 2016).

Successfully litigated a dispute against the assignee of a contract and received an award of all litigation fees in connection with the proceedings in the Bankruptcy Court and the appeals to the District Court and, ultimately, the 3^rd Circuit Court of Appeals. The Third Circuit Decision is published as Regis Corporation (Appellant) v. Southern El Dorado Corporation (Appellee) (In re Trade Secret, Inc.), 609 Fed. Appx. 98 (3d Cir. June 10, 2015) (Appeal from Bankruptcy Court Judgment).