Bankruptcy

Menaker & Herrmann LLP has developed valuable experience in bankruptcy law as an adjunct to our commercial and litigation practices. Bankruptcy proceedings are a common obstacle to a creditor’s efforts to recover an unpaid debt or enforce other obligations. The Firm has represented many creditors in such proceedings by preparing and filing proofs of claim, participating in the work of creditors’ committees, advancing claims to priority, and contributing to the development of successful plans of reorganization. We have also served as counsel to the Trustee in the liquidation of Lehman Brothers, Inc., under the Securities Investors Protection Act, which is administered in the bankruptcy court. Having tried cases before bankruptcy judges and litigated a wide range of issues within the bankruptcy forum, we are familiar with the rules and procedures of the court and with the unwritten lore of this sometimes arcane area of modern commercial adjudication.

Representative Matters

  • Achieved favorable settlement of preference claim against insurance company for premiums and commissions for coverage of worldwide jewelry wholesale operation.
  • Convened creditors’ committee and coordinated its activities in connection with international discovery of debtor’s offshore assets, resulting in favorable settlement of claims.
  • Obtained lifting of automatic stay permitting personal injury actions to proceed against insurance policies of large auto parts supplier.
  • Successfully petitioned in both state court and, subsequently, federal bankruptcy court to set aside successive fraudulent conveyances of debtor’s residence, resulting in final execution sale of residence and satisfaction of claims.
  • Successfully defended adversary proceeding seeking to hold Saudi investor individually liable for judgment rendered against his company for misappropriation of trade secrets of bankrupt U.S. parent in connection with purchase of bankrupt Dutch manufacturing subsidiary.
  • Served as special counsel to the SIPC Trustee of major financial firm.

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