Bankruptcy and Creditors’ Rights

Capehart Scatchard’s Bankruptcy Practice has a long history of handling all aspects of creditors’ rights and commercial matters. Our experience in bankruptcy cases, workouts, and commercial litigation covers a wide variety of industries. We pride ourselves in our ability to negotiate business transactions and to review or prepare business agreements and loan documentation. We strive to deliver solid legal advice from a business prospective and provide practical solutions to complex business problems.

Legal Services

Capehart Scatchard’s Bankruptcy and Creditors’ Rights practice assists both secured and unsecured creditors in all aspects of a bankruptcy case. Our representation of secured creditors includes lending institutions, captive finance companies, mortgagees, asset-based lenders, insurers, landlords, suppliers, vendors, as well as unsecured creditors. We often assist with alternative out-of-court solutions to the bankruptcy forum during the pre-bankruptcy workout phase.

Representative Matters

We have represented unsecured creditors sitting on creditor committees and protected their rights in the bankruptcy proceedings. Our representation of secured creditors in the bankruptcy forum includes cash collateral agreements, stay relief motions, preference actions, non-dischargeability issues, review and litigating the disclosure statement and plan of reorganization, developing and drafting a competing plan of reorganization, adversary actions and discovery. We strive to develop strategies to reach the maximum benefit from Chapter 11 proceedings.

Below are listed a sampling of our representative bankruptcy matters:

  • Protecting the interest of creditors/clients (secured and unsecured) in all aspects of Chapter 11 or 7 cases including, among others:
    • Reviewing/challenging disclosure statements and plans of reorganization
    • Rejection or assumption/assignment of executory contract/lease issues
    • Defending creditors in preference actions
    • Defending challenges to the extent, priority and validity of secured claims
  • Representing creditors in individual Chapter 13 or 7 cases including, among others:
    • Filing stay relief motions
    • Challenging Chapter 13 confirmation orders and/or moving for conversion to Chapter 7 case
    • Non-dischargeability issues
    • Objection to discharge issues
    • Reaffirmation issues
  • Representing finance companies, banks and other financial institutions in all aspects of Chapter 11 and 7 proceedings including, among others:
    • Cash collateral issues
    • Stay relief motions
    • 363(b) sale issues
    • Competing plans of reorganization
  • Represent floor plan finance companies in the automotive and boat industries in all aspects of Chapter 11 and 7 proceedings, including, among others:
    • stay relief motions
    • assumption/rejection of executory contracts/lease
    • post-petition financing issues
    • 506(b) issues
    • Conversion of Chapter 11 case to Chapter 7 case
  • Representing franchisers in automotive and fast food industries in all aspects of the Chapter 11 and 7 proceedings, including, among others:
    • stay relief motions
    • franchise termination issues
    • 363(b) sale issues
    • post-petition financing issues

Firm Experience and Highlights

Members of our Practice have experience outside of bankruptcy and reorganization. Our most senior attorney has represented creditors for his entire career spanning over 35 years. Our practice focuses in both New Jersey and Pennsylvania, covering all geographic portions of each state, as our clients dictate. Our Bankruptcy Practice attorneys are supported by other practice areas in our Firm with more diversification, including environmental law, labor law, corporate law, tax law, real estate and land use law.

Our New Jersey offices located in Mt. Laurel and Trenton are easily accessible to the three bankruptcy venues for the Bankruptcy Court for the District of New Jersey, as well as the Bankruptcy Court for the Eastern District of Pennsylvania located in Philadelphia.