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Bankruptcy & Creditors' Rights

Post & Schell, P.C.’s national Bankruptcy & Creditors’ Rights Practice Group provides clients with sophisticated advice and counsel in a wide variety of related matters, including handling complex and significant bankruptcy and non-bankruptcy issues, as well as representation in receivership and trusteeship proceedings, including those in the areas of real estate, long-term care, and gaming.

The Group has represented many types of clients, ranging from individuals and entrepreneurs to large enterprises.

Representative clients include:

  • Equity Security Holders
  • Secured and Unsecured Creditors
  • Lenders
  • Lessors
  • Licensors
  • Official Committees of Unsecured Creditors
  • Private Investment Companies

In the following industries: 

  • Banking & Financial Services
  • Commercial Finance & Leasing
  • Consulting & Professional Services
  • Health Care
  • Manufacturing
  • Distributors

The Group’s attorneys have extensive experience working with other members of the bankruptcy bars of Pennsylvania, Delaware, New York, and New Jersey, as well as other states throughout the U.S., assisting in the resolution of significant disputes. In the event that a negotiated resolution cannot be achieved, the Group’s attorneys also have the experience to litigate even the most complicated of matters.  

Among the legal services the Group provides to clients: 

   Representation of Creditors in Bankruptcy Proceedings

  • ​Assisting With filing Proofs of Claim
  • Monitoring bankruptcy cases to protect client interests
  • Working with debtors and clients to address contract and lease issues
  • Providing advice regarding available options and the best courses of action
  • Pursuing the maximum recovery possible in bankruptcy court
  • Identifying critical and significant issues
  • Assisting clients in maintaining any funds collected pre-petition
  • Defending against preference and avoidance action
  • Obtaining the release of property from the bankruptcy case

   Loan Work-Outs and Restructurings

  • Drafting and negotiation of forbearance agreements
  • Drafting and negotiation of revised loan documentation

   Collections

  • Drafting of demand letters
  • Pursuing collection actions before federal and state courts
  • Obtaining judgments
  • Levying and sale of assets to satisfy judgments

   Receivership and Trusteeship Proceedings

  • Representing clients in state court receivership proceedings
  • Representing clients in administrative agency trusteeship proceedings

Post & Schell, P.C.’s Bankruptcy & Creditors’ Rights Group knows that an early and comprehensive approach to each matter can be critical in the protection of our clients’ rights, understands the need to provide pro-active representation, and recognizes the importance of being available to clients as they assess and evaluate their options. While we are aggressive in the protection of our clients’ interests, we also recognize that the art of compromise is often central in reaching an acceptable resolution. 

We also understand value and the balance between what actions can be taken under the law and what actions should be taken to protect a client’s interests, while maintaining the possibility of a continued business relationship between the client and their customer.