Bankruptcy and Creditors’ Rights

Brown & Connery’s bankruptcy practice involves the representation of secured and unsecured creditors in all phases of bankruptcy proceedings. This includes consultation and advice regarding new bankruptcy case filings, proofs of claim and related litigation, defense of preference claims and fraudulent transfer claims, stay relief motions, objections to the discharge of debts, objections to the assumption or rejection of executory contracts and leases, and objections to plans of reorganization or liquidation.

Brown & Connery, LLP, serves as national bankruptcy counsel for SAP America, Inc., one of the largest business software companies in the world. Brown & Connery has appeared in major national bankruptcies on behalf of SAP America, Inc. including bankruptcies filed by Circuit City, General Motors, Lehman Brothers, Lyondell Chemical Co., Polaroid, Tweeter Home Entertainment, and Visteon.

Brown & Connery’s creditors’ rights practice includes representation of creditors in all types of commercial litigation in federal and state courts and in arbitrations. It includes the enforcement of loan obligations and contract claims, actions to set aside fraudulent transfers, enforcement of construction liens, lease remedies, receiverships, seizure and liquidation of collateral, defense of lender liability claims, asset discovery, judgment execution, and workout agreements.

The firm’s creditors’ rights practice also includes commercial and residential foreclosure actions for regional and national lenders, financing companies, business entities and individuals. This practice area also handles replevin matters, foreclosure of security interests in personal property, enforcement of pledge agreements, negotiation of agreements for forbearance, deeds in lieu of foreclosure and related workout agreements, and counseling of creditor clients prior to commencement of litigation.

The partner responsible for this area of practice is Paul A. Mainardi.