The world of business bankruptcy — especially when there are a number of parties with competing interests and not enough funds to go around — can get rough. Creditors are not happy when they are not paid. Debtors can be vulnerable to the actions of recalcitrant or overly aggressive creditors. Claims are often sold, and battles for funds, or for outright control of a company, frequently ensue.
Palm Beach Bankruptcy Litigation Attorneys
The attorneys at Rosen & Winig, P.A. have litigated a wide variety of issues in the business bankruptcy context. We have participated in litigation in connection with the reorganization process itself, including the retention of professionals, objections to or severe restrictions on the use of cash collateral, issues regarding the assumption or rejection of non-residential real property leases, lien priority disputes, adequacy of information and the sufficency of due diligence in connection with sales of assets pursuant to the bankruptcy code, the adequacy of information in disclosure statements,the right to extend only a debtor's ability to file a plan of reorganization and solicit acceptances to it (exclusivity), issues regarding the propriety of plans of reorganization such as the apprpaite classification of types of creditors, the absolute priority rule, the sufficiency of new value contributed by equity holders in a debtor, and so forth.
We also have litigated various issues that are not part of the reorganization process, but that arise in Chapter 11 cases, such as challenges to involuntary bankruptcy petitions, objections to particular claims of creditors, preferential transfer and fraudulent conveyance litigation, relief from the automatic stay, the extension of the automatic stay to non-debtors, motions for declaratory relief/clarification of the automatic stay, abstention, motions to appoint Chapter 11 trustees, motions to dismiss, allegations of bad faith in connection with the filing of a case, and substantive consolidation of Chapter 11 cases.
Through experience and hard work, our lawyers understand the requirements of bankruptcy courts when it comes to knowing the elements of a case and proving them, how to efficiently conduct discovery, evidentiary concerns and other requirements necessary to effectively litigate bankruptcy-related issues. We are familiar not only with the substantive law, but also with the procedural and practical aspects of litigating in bankruptcy court, whether it is motion practice, conducting an evidentiary hearing in connection with a discreet matter, or participating in a contested confirmation hearing. The failure to know how to litigate in bankruptcy court can be fatal to a client's rights. We not only know this area of the law, we know how to litigate issues pertaining to it before judges that specialize in this area.
Contact the Palm Beach Bankruptcy Litigation Attorneys of Rosen & Winig, P.A.
For efficient and effective solutions to even the most complex legal challenges, turn to Rosen & Winig, P.A. Our lawyers offer exceptional representation to businesses and individuals. Call 561-459-2613, toll free at 877-268-2933 or simply contact us online to schedule an initial consultation.
