Business Transactions
We routinely represent clients in various aspects of business transactions, including the negotiation and preparation/revision of business agreements.
- We advise businesses and individuals engaging in transactional matters across numerous industries including advise with respect to the sale or purchase of a business, employment agreements and restrictive covenants, leasing and financing, and partnership/shareholder agreements
- We analyze the unique circumstances of a transaction, tailor the provisions of the agreement to meet our client’s objectives, identify potential risks, and break down complex issues so that our client can make informed business decisions.
Commercial Litigation and Collections
We specialize in handling a range of commercial litigation and disputes. Our seasoned attorneys have handled everything from breach of contract disputes to foreclosure litigation and everything in between.
- Our seasoned attorneys have handled: breach of contract disputes; allegations of fraud, breaches of fiduciary duties and restrictive covenants; business divorce, minority shareholder oppression and dissolution actions; tortious interference with contractual relations; foreclosure litigation; prosecution of claims and defenses involving UCC sales of goods and secured transactions; internal corporate and LLC disputes; debt collections; and enforcement of judgments.
- On behalf of our clients, we routinely seek, and defend against, requests for preliminary injunctive relief, including applications for orders to show cause with temporary restraints. Applications for preliminary injunctive relief are critical in cases where our clients would be irreparably harmed if we waited until the end of the case to obtain the requested relief.
- Our attorneys have significant experience with appellate practice and have achieved favorable results before the Second Circuit Court of Appeals and the New Jersey Appellate Division.
- We have filed construction liens for suppliers and contractors against residential and commercial properties, which can pressure a party to pay a debt long before a lawsuit becomes necessary. We have prosecuted foreclosure actions on construction liens.
- Auto mechanics and repair shops can benefit from our representation, as well.We can file a lien where payment is due on an auto repair or vehicle restoration work. An artisan’s lien entitles the mechanic or repair shop to sell a vehicle to recover the repair cost.
- We can also minimize the risk and expense of a lawsuit by alternative dispute resolution, typically through mediation or arbitration.
Bankruptcy and Insolvency Matters
Creditor Representation
Our creditor work often starts before a debtor files for bankruptcy.We counsel creditors on steps to take when a bankruptcy appears likely for a borrower, customer, vendor or tenant.
- We will evaluate a debtor’s bankruptcy filing and develop a strategy to maximize the creditor’s recovery and protect its interest. Because creditors will fight over the limited funds available for distribution, it is critical to develop an effective plan and properly execute it. That is our goal, and that is what we do.
- We prepare and file proofs of claims and, where applicable, will make demands for reclamation of goods sold. We take the steps necessary to limit the risk of a claim objection.
- We have represented secured creditors, landlords, vendors, lenders and others. When advisable, we will file a motion for relief from the automatic stay, exercise the secured creditor’s rights under Section 1111 of the Bankruptcy Code and challenge the debtor’s cramdown and lien-strip efforts.
- We will counsel and represent parties participating in a Section 363 asset sale or involved with a Section 365 assumption and assignment of a lease or contract. Because the Bankruptcy Code can override an anti-assignment clause, competent representation is critical to protecting your rights.
- We have the experience necessary to bring a successful challenge to a debtor’s bankruptcy discharge.
- We can evaluate the merits of making an involuntary bankruptcy petition against a debtor, which freezes assets and shifts the cost of collection from the creditor to a court-supervised trustee.
- We will monitor bankruptcy cases and provide a prompt, clear explanation of any filings and developments that may impact a client’s claim or interests.
- We have substantial experience in defending against preference actions and have achieved many favorable settlements.
- Our deep experience with litigation and bankruptcy gives our clients the guidance and foresight they need to achieve a successful, cost-effective result in adversary proceedings.
- We have counseled and represented creditors and interested parties appearing before an assignee following an assignment for the benefit of creditors.
Debtor Representation
The most important step of a bankruptcy case should be taken before the case is filed.That step is the determination of whether a bankruptcy should be filed.We counsel our clients on what to expect in bankruptcy, including: the likely benefits and drawbacks; the obligations, costs, and risks; and the potential alternatives to a bankruptcy. Our guidance enables our clients to make a fully informed, confident decision as to whether to file for bankruptcy and what to expect
- We have helped clients to avoid the filing of bankruptcy by guiding our clients through negotiations and out-of-court settlements.
- We have successfully prepared and filed bankruptcy cases under chapters 7 and 11 for businesses and individuals, and under chapter 13 for individuals. Our modest case volume ensures that our clients will receive the individual attention that they deserve.
- With the experience of having confirmed multiple chapter 11 plans and having helped individuals and businesses to reorganize, we can help our clients to retain their assets and get back on their fee
Local Counsel
We frequently serve as local counsel for out-of-state law firms and parties that need to appear in civil actions in the state and federal courts of New Jersey, including the federal district court and bankruptcy court
We will move for out-of-state counsel’s admission pro hac vice, and we will do as much or as little as counsel requires of us. We will conform counsel’s papers to local practice, electronically file and serve papers in accordance with applicable local rules, prepare local witnesses and parties and attend in person or virtual hearings. With our knowledge and familiarity with the local practices and judicial preferences, out-of-state parties and counsel can rest assured that they will not appear at any disadvantage in our courts