Whether corporate executives are struggling to right a listing ship, or a creditor is seeking legal redress, the skilled attorneys in our Bankruptcy and Financial Reorganization Practice Area have the knowledge and experience to assist with the important task at hand.

Led by two of New York State’s most respected and trusted legal professionals in the bankruptcy/financial reorganization arena, our team has represented clients in major bankruptcy cases in Delaware and New York City, as well as in western, northern, and central New York State. They have handled all aspects of debt restructuring, secured lending transactions, out of court workouts, recovery and liquidation of collateral, financial reorganization, and bankruptcy litigation.

Together, law partners Jack Weider, in our Rochester office, and Ray Fink, working out of Buffalo, have developed a tough, thorough, creative, common-sense approach that focuses on achieving our clients’ business goals, whether it be to recoup lost debt or to successfully resolve a wide variety of problems involving financially distressed businesses and projects.

Our practice has also handled a vast number of commercial transactions and UCC issues, which provide a basis for the efficient resolution of problem transactions under difficult financial circumstances.

OUR CLIENTS

• Secured Lenders
• Official Committees of General Unsecured Creditors
• Debtors Reorganizing Under Chapter 11
• Parties Interested in Acquiring Businesses or Assets Involved in a Bankruptcy Proceeding
• Health Systems and Hospitals
• Financial Institutions
• Lessors and Lessees – Real and Personal Property
• Parties to Executory Contracts
• Franchisers and Franchisees
• Trade Creditors and Suppliers
• Crisis Managers and Other Professionals Employed in Bankruptcy Proceedings
• General Unsecured Lenders
• Businesses (ranging from Fortune 500 corporations to closely held companies)
• Bankruptcy Trustees
• Official Committees of Shareholders

our EXPERIENCE

Debt Restructuring. When problems arise, the negotiating skills and creative problem-solving talents of members of the practice can often alleviate or eliminate difficulties. We advise clients involved in a variety of credit structures, including secured and unsecured loan facilities, letter of credit facilities, and lease financing facilities.

Loan Workouts. Whether offering assistance to borrowers in renegotiating or restructuring commercial loans, or to lenders in restructuring troubled loans or enforcing lenders’ remedies, we provide invaluable legal advice that is practical and timely.

Sales of Assets. We regularly represent buyers and sellers of distressed businesses and their assets under the Bankruptcy Code, Article 9 of the UCC, and other applicable law. Successful transactions frequently require a strategic plan for contract negotiations, bidding procedures, break-up fees, and good-faith purchaser protections. Through litigating and negotiating objections to existing sale arrangements, we have attained the goals and objectives of our clients in numerous cases.

Financial Reorganization. Our extensive experience in restructuring and reorganization under Chapter 11 of the Bankruptcy Code provides the skills necessary to forge creative and effective approaches to solving financial problems and developing effective action plans. The practice also is involved in the acquisition, sale, and financing of troubled companies and their business lines and assets. We have successfully obtained confirmation of Chapter 11 plans sponsored by publicly held debtors, closely held debtors, and creditors.

Bankruptcy Litigation. If and when the protections afforded by a bankruptcy filing become necessary, we have the experience required to help our clients – be they creditors or debtors – weather this complex process. While recognizing that negotiated solutions are generally preferable, the attorneys in the Bankruptcy and Financial Reorganization Practice Area are experienced litigators who are able to provide counsel and knowledge to lenders, borrowers, and business entities in assessing appropriate strategies. Our extensive trial experience and willingness to litigate enhances our ability to negotiate effective solutions. We are experienced in all aspects of bankruptcy litigation and have successfully litigated contested confirmation hearings, fraudulent conveyances recoveries, claims hearings, stay relief hearings, and preference prosecutions. Our attorneys’ significant experience in both state and federal courts is the key to our success in assisting major commercial clients in enforcing money judgments and recovering collateral through contested replevin actions.

Counsel to Lenders. We also counsel lenders on avoiding lender liability claims, and have successfully defended lender liability claims asserted against lenders, as well as achieved success in pursuing lender liability claims where appropriate.