Bankruptcy, Receivership and Creditors' Rights

Overview

The Bankruptcy, Receivership and Creditors’ Rights Department of Ervin Cohen & Jessup LLP provides assistance in a wide range of areas involving bankruptcy, receivership, restructuring, reorganization, out-of-court workouts and creditors’ rights issues. Our clients include corporations, partnerships (general, limited and limited liability), limited liability companies, individuals, receivers, bankruptcy trustees, creditors’ committees, developers, financial institutions and private lenders.

Bankruptcy, Receivership and Creditors’ Rights Services

The Bankruptcy, Receivership and Creditors’ Rights Department represents debtors and debtors-in-possession, state and federal court receivers, unsecured and secured creditors, Chapter 7 and 11 trustees and creditors’ committees in adversary proceedings and related insolvency litigation, out-of-court workouts, business reorganizations and bankruptcies, and complex Chapter 7 cases. The Bankruptcy, Receivership and Creditors’ Rights Department is also complemented by the expertise found in the firm’s Real Estate,Litigation; and Business, Corporate and Tax Departments. Our attorneys also serve as court-appointed receivers, trustees, assignees for the benefits of creditors, and in other fiduciary capacities, and are frequently called upon to speak at state and national conferences.

Our attorneys seek the most cost-effective and creative solutions for debtors in dealing with major liabilities, business downturns and/or cash-flow problems, and creditors with respect to the enforcement of their rights.

Our capabilities include:

  • Debtors: Debtors and debtors-in-possession are heavily scrutinized in most Chapter 11 cases and workouts effected out of court. Our lawyers provide skilled counsel to debtors and debtors-in-possession nationwide.
  • Creditors’ Committees: In most Chapter 11 cases, the establishment and effectiveness of creditors’ committees are crucial to safeguarding the interests of creditors, bondholders and other holders of debt. ECJ has extensive experience representing unsecured creditors’ committees in substantial Chapter 11 cases both for businesses and individuals.
  • Bankruptcy Trustee Services: All Chapter 7 and, occasionally, Chapter 11 cases require the appointment of trustees. One of the department members has served as a Chapter 7 and 11 trustee.  In addition, ECJ frequently represents trustees in both Chapter 7 and Chapter 11 cases.
  • Creditors’ Rights: Our Bankruptcy, Receivership and Creditors’ Rights Department also represents a variety of institutional and private lenders, as well as secured and unsecured creditors in a significant range of industries.
  • Receivers: Members of the Department are frequently appointed as receivers by state and federal courts and also represent receivers appointed by these courts.
  • Assignment for Benefit of Creditors: Members of the Department have served as assignees for the benefit of creditors and also have experience in representing assignees.

Representative bankruptcy cases include: Georges Marciano, Vince Neil, Tariano (Tito) Jackson, Jermaine Jackson, Katherine and Joseph Jackson, Circuit City,Fresh & Easy, Radio Shack, Hamburger Hamlet; L.A. Gear, Clothestime, and Long John Silvers.

Our receivership matters include cases filed by the Securities and Exchange Commission, Federal Trade Commission, Commodities Futures Trading Commission, California Department of Business Oversight and California Department of Real Estate.

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