Brooklyn Bankruptcy Litigation Lawyer
Representing Brooklyn, Bronx, Manhattan, Staten Island and Long Island area clients in bankruptcy court
In all bankruptcy cases, creditors are seeking payments of debts owed to them. Upon receiving notice of a debtor’s bankruptcy, creditors file Proof of Claim forms to notify the bankruptcy court of their claims. Generally, the bankruptcy court will approve all claims unless a challenge is made.
As our bankruptcy litigation attorney has years of experience representing debtors and creditors in bankruptcy court, he can help you prevail in a bankruptcy challenge
Types of challenges
While a creditor or the bankruptcy trustee usually initiates challenges, any party in interest may object to a claim. Typically challenges involve:
- Whether New York or federal law applies
- Whether or not the claim is allowable
Parties in interest include:
- The debtor
- The bankruptcy trustee
- A debtor in possession (applies to Chapter 11 cases in which there is no trustee)
- A post-filing secured lender of the debtor
- A proponent of a bankruptcy plan of reorganization
- A committee of creditors
- A third person with a legal interest in property being held by the bankruptcy estate
Several types of challenges could benefit from assistance of a Brooklyn bankruptcy lawyer.
Recovery of fraudulent conveyances
When filing for bankruptcy, the debtor’s assets may be sold by the bankruptcy trustee to generate cash to pay creditors. If assets were sold prior to filing for bankruptcy, the trustee has the right to investigate the transfers and cancel them if found to be fraudulent conveyances. A fraudulent conveyance may be found if the debtor intended creditors to be deprived of recovery or if the debtor made the transfer for less than reasonably equivalent value. If you bought assets from a financially distressed company and got too good of a deal, you could find yourself being sued to pay more money for assets or to give them back. If you find yourself in this position, you need an experienced Brooklyn or Bronx bankruptcy litigation attorney to defend your property interests.
Other cases in which a Brooklyn, Bronx, Manhattan, Staten Island, and Long Island bankruptcy litigation lawyer can help
- Lawsuits against company officers and directors responsible for bankrupting a company and causing you to suffer loss.
- Challenges to liens that are set aside
- Challenges to the recovery of payments alleged to be preferential transfers (such as a debtor’s prior payment of your invoice when other debtors were not paid)
- Disputes over cash collateral
- Debtor in possession financings
- 363 sale transactions
- Confirmation of reorganization plans
- Relief from the automatic stay
- Bankruptcy appeals
To avoid litigation and save the costs of fighting in court, bankruptcy trustees frequently settle with favorable terms when an aggressive bankruptcy litigation attorney such as Gregory Messer represents claimants.
Speak with a bankruptcy litigation attorney today
If you live in the New York City area and need legal representation in a bankruptcy litigation issue, contact the Law Office of Gregory Messer online or at 718-717-2368 to schedule a free initial consultation. Our office is located across the street from the U.S. District Bankruptcy Court in Brooklyn and is close to the Borough Hall and Court Street subway stations. We serve residents throughout Brooklyn, Bronx, Manhattan, Staten Island and Long Island.
To ensure every client’s filing receives the attention it deserves, we are an appointment-only law firm with flexible hours adjustable to fit your needs.