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Financial Restructuring, Bankruptcy and Creditors’ Rights

Legal Practice

2023 Best Law Firms -Syracuse Tier 1 Bankruptcy and Creditor Debtor Rights
  • New York Enacts Law Limiting Lenders in Foreclosure Actions
  • NY Court of Appeals Takes Sensible Approach to 90-Day Preforeclosure Notices
  • U.S. Supreme Court: Debt Incurred by Partner’s Fraud is Non-Dischargeable in Bankruptcy
Profile
Services
Experience
People
Make a Payment

Our financial restructuring, bankruptcy and creditors’ rights attorneys are implicitly trusted to represent creditors’ interests when dealing with financially distressed organizations and individuals to deliver optimal returns. Harris Beach draws on the wide range of experience at our law firm to service our commercial, lending and consumer clients who are involved in litigation, foreclosures and bankruptcies throughout the United States. Having served as court-appointed trustees, receivers and referees, we are able to assist our clients who face the countless statutes and complex procedures to ensure that all financial restructuring, bankruptcy and creditors’ rights issues are resolved to their best benefit.

Harris Beach offers our clients extensive legal counsel in commercial and financial planning, debt refinancing and restructuring, commercial contract dispute resolution, bankruptcy, foreclosure, distressed investments, commercial and consumer collection, and Uniform Commercial Code compliance.

Clients’ Rights

We analyze our clients’ rights and responsibilities under previously executed or yet to be executed documentation and under applicable statutes, regulations and judicial decisions. When applicable, we also address environmental issues. Our attorneys provide alternative solutions to various financial challenges, including all areas of bankruptcy, refinancing, assignments for the benefit of creditors, litigation, pursuit of various debtors and foreclosures.

Distressed Properties

We assist our clients in their efforts to acquire and dispose of distressed property throughout the United States and internationally by offering counsel in foreclosure and bankruptcy matters. Our attorneys also help clients negotiate acquisitions before the seller enters bankruptcy or foreclosure.

Investigations and Litigation

We help our clients investigate internal corporate activities by conducting legal audits and forensic inquiries. Our attorneys represent bankruptcy trustees and examiners, indenture trustees, and other fiduciaries in all areas of disputes. We defend financial institutions and other entities in check fraud and UCC-based disputes.

Workouts and Bankruptcies

Harris Beach represents clients in all forms of commercial litigation, in bankruptcy matters, and in foreclosure proceedings, including surplus money proceedings and deficiency judgment collections. We represent banks and lending institutions involved in cash collateral lending situations and those seeking to participate in debtor-in-possession funding opportunities. Our attorneys also represent clients seeking to purchase assets through or outside of the bankruptcy process.

We defend clients against lender liability claims and in sales of specific credits or entire portfolios of troubled assets. We also defend clients against preference and fraudulent conveyance claims brought against them in bankruptcy and state courts. We restructure classified loans, including preparing forbearance agreements. We represent trustees, successor trustees, receivers and bondholders in troubled municipal or state bond transactions, including foreclosure and restructure under bond indentures and related agreements. We also assist with commercial and consumer collection matters to optimize recoveries for our clients.

Chapter 11 Bankruptcies and Workouts

  • Handles workout, forbearance and bankruptcy matters for various corporate clients including agricultural and mezzanine lenders, regional banks, and others.
  • Represents industrial development agencies and municipalities in Chapter 11 cases to protect their interests.
  • Assisted mall landlord in J. Crew, J.C. Penney and General Nutrition Corporation Chapter 11 cases.
  • Represents interested parties in the Buffalo Diocese, Rochester Diocese and Rockville Centre Diocese Chapter 11 bankruptcy cases.
  • Representation of multiple municipalities in multi-billion dollar Chapter 11 bankruptcies of mega pharmaceutical companies for claims of damages related to the opioid crisis.
  • Represented debtor in large Chapter 11 case of a brewery/restaurant operation in Upstate New York.
  • Filed the first Chapter 15 cross border case in bankruptcy court in the Syracuse Division of the Northern District of New York.
  • Chapter 7 and Chapter 11 Trustee for the Office of the United States Trustee for 28 years and served as counsel for the Trustee.
  • Represents Bond Surety Company throughout the country in small, medium and mega Chapter 11 bankruptcies with large environmental and remediation issues.
  • Assists agricultural lender in several large Chapter 11 and 12 bankruptcies and workouts throughout New York State.
  • Represents buyers and drafts bankruptcy related attorney opinion letters in multi-million dollar sale and loan transactions.
  • Defends clients in preference and fraudulent conveyance actions in bankruptcy court.
  • Represents buyer of a commercial laundry plant in complicated section 363 sale process.

Collections and Fraudulent Conveyances

  • Represents various financial institutions in New York State courts related to collections and breach of contract issues.
  • Lead attorney in various complex commercial collection litigation matters for many firm clients ranging from small family owned businesses to multi-million dollar companies.
  • Represents health care and long term care facilities in litigation including fraudulent conveyance and Medicaid issues and estate proceedings.
  • Represent corporate client in pursuing fraudulent conveyances/alter ego claims in state court resulting in recovery in full.

Foreclosures and Receiverships

  • Qualified by Office of Court Administration to be appointed receiver, counsel to receiver, and referee.
  • Court-appointed counsel to Receivers in commercial cases in Central New York, including hotels and rental properties.
  • Represents national lending institutions and loan servicers in residential foreclosures in all 62 counties of New York State, including many government-sponsored enterprises such as Fannie Mae and Freddie Mac.
  • Represents local banks and agricultural lending institution in residential and commercial foreclosures and collection efforts including replevin of equipment and machinery throughout New York State.
  • Berkshire Bank v. Fawer (Supreme Court, NY County): ongoing representation of lender in multimillion dollar foreclosure of residential condominium in New York City. Successful defense of appeal in the First Department.
  • Wells Fargo National Association as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2015-C20,Commercial Mortgage Pass-Through Certificates, Series 2015-C20 v Syracuse Airport Express, LLC et al. (Supreme Court Onondaga County), representation of Receiver in foreclosure of mortgage on Holiday Inn Express.

UCC and Other Related Matters

  • Represents secured creditors and purchasers in uniform commercial code sales and acquisition of various businesses.
  • Assists lenders with defending security interests in collateral and challenges of proper perfection and related issues.

Practice Leader(s)

Kevin Tompsett

Kevin W. Tompsett

Member

People

David Capriotti

David M. Capriotti

Member
Robert Chanis

Robert J. Chanis

Member

Esther S. Gabriel

Associate
William Garry

William J. Garry

Member
Brian Roy

Brian D. Roy

Member

Kevin P. Ryan

Senior Counsel
Rajat Shah

Rajat R. Shah

Member
William Wolfe

William M. X. Wolfe

Associate
Lee Woodard

Lee E. Woodard

Member
All Insights, All Publications, Legal Alert |
 March 9, 2023
U.S. Supreme Court: Debt Incurred by Partner’s Fraud is Non-Dischargeable in Bankruptcy
The U.S Supreme Court ruled that a debtor who is liable for their partner's fraud can not discharge this debt in bankruptcy. ...read more
All Insights, All Publications, Legal Alert |
 March 2, 2023
NY Court of Appeals Takes Sensible Approach to 90-Day Preforeclosure Notices
NY Court of Appeals rules in Bank of America, NA v. Kessler that relevant additional information does not invalidate a 90-day preforeclosure...read more
All Insights, All Publications, Legal Alert |
 January 12, 2023
New York Enacts Law Limiting Lenders in Foreclosure Actions
Gov. Kathy Hochul signed the Foreclosure Abuse Prevention Act, hindering lenders and servicers’ foreclosure ability on New York homeowners....read more
All Publications, Covid-19, Legal Alert |
 February 11, 2022
New York Lowers Statutory Interest Rate on Money Judgments for Consumer Debts Pursuant to the Fair Consumer Judgment Interest Act
For the first time since 1981, New York will lower the interest rate on money judgments based on consumer debts from nine percent (9%) per a...read more
All Publications, Legal Alert |
 January 24, 2022
Appellate Division, Second Department Issues Decisions on NY RPAPL 1304 Notices
On December 15, 2021, the Second Department issued an opinion in the case of Bank of America v. Kessler that considered the strict applicati...read more
All Publications, Legal Alert |
 December 15, 2021
Consumer Credit Fairness Act Signed Into Law
On November 8, 2021, Governor Hochul signed into law the Consumer Credit Fairness Act (Legislation S.153/A.2382). The intent behind the legi...read more
All Insights, All Publications, Covid-19, Legal Alert |
 April 6, 2021
New York State Addresses Residential Mortgage Forbearance Procedures
Newly enacted Banking Law 9-x, signed by New York Gov. Andrew Cuomo on June 17, 2020, provides certain financial institutions with a directi...read more
All Insights, All Publications, Legal Alert |
 March 11, 2021
Help or Harm? New Legislation Aimed at Helping Tenants and Borrowers Impacted by COVID Causes Concern for Landlords and Lenders
In his recent State of the State Address, New York Governor Andrew Cuomo indicated a desire to stay mortgage foreclosures, commercial evicti...read more
All Insights, All Publications, Legal Alert |
 March 5, 2021
New York State Court of Appeals Provides Guidance on Acceleration in Foreclosure Cases
The New York State Court of Appeals recently provided much needed guidance to mortgagees on the issue of acceleration and determining the co...read more

Need More Information?

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2023 Best Law Firms -Syracuse Tier 1 Bankruptcy and Creditor Debtor Rights

Financial Restructuring, Bankruptcy and Creditors’ Rights

Legal Practice

■ Profile

Our financial restructuring, bankruptcy and creditors’ rights attorneys are implicitly trusted to represent creditors’ interests when dealing with financially distressed organizations and individuals to deliver optimal returns. Harris Beach draws on the wide range of experience at our law firm to service our commercial, lending and consumer clients who are involved in litigation, foreclosures and bankruptcies throughout the United States. Having served as court-appointed trustees, receivers and referees, we are able to assist our clients who face the countless statutes and complex procedures to ensure that all financial restructuring, bankruptcy and creditors’ rights issues are resolved to their best benefit.

Harris Beach offers our clients extensive legal counsel in commercial and financial planning, debt refinancing and restructuring, commercial contract dispute resolution, bankruptcy, foreclosure, distressed investments, commercial and consumer collection, and Uniform Commercial Code compliance.

■ Services

Clients’ Rights

We analyze our clients’ rights and responsibilities under previously executed or yet to be executed documentation and under applicable statutes, regulations and judicial decisions. When applicable, we also address environmental issues. Our attorneys provide alternative solutions to various financial challenges, including all areas of bankruptcy, refinancing, assignments for the benefit of creditors, litigation, pursuit of various debtors and foreclosures.

Distressed Properties

We assist our clients in their efforts to acquire and dispose of distressed property throughout the United States and internationally by offering counsel in foreclosure and bankruptcy matters. Our attorneys also help clients negotiate acquisitions before the seller enters bankruptcy or foreclosure.

Investigations and Litigation

We help our clients investigate internal corporate activities by conducting legal audits and forensic inquiries. Our attorneys represent bankruptcy trustees and examiners, indenture trustees, and other fiduciaries in all areas of disputes. We defend financial institutions and other entities in check fraud and UCC-based disputes.

Workouts and Bankruptcies

Harris Beach represents clients in all forms of commercial litigation, in bankruptcy matters, and in foreclosure proceedings, including surplus money proceedings and deficiency judgment collections. We represent banks and lending institutions involved in cash collateral lending situations and those seeking to participate in debtor-in-possession funding opportunities. Our attorneys also represent clients seeking to purchase assets through or outside of the bankruptcy process.

We defend clients against lender liability claims and in sales of specific credits or entire portfolios of troubled assets. We also defend clients against preference and fraudulent conveyance claims brought against them in bankruptcy and state courts. We restructure classified loans, including preparing forbearance agreements. We represent trustees, successor trustees, receivers and bondholders in troubled municipal or state bond transactions, including foreclosure and restructure under bond indentures and related agreements. We also assist with commercial and consumer collection matters to optimize recoveries for our clients.

■ Experience

Chapter 11 Bankruptcies and Workouts

  • Handles workout, forbearance and bankruptcy matters for various corporate clients including agricultural and mezzanine lenders, regional banks, and others.
  • Represents industrial development agencies and municipalities in Chapter 11 cases to protect their interests.
  • Assisted mall landlord in J. Crew, J.C. Penney and General Nutrition Corporation Chapter 11 cases.
  • Represents interested parties in the Buffalo Diocese, Rochester Diocese and Rockville Centre Diocese Chapter 11 bankruptcy cases.
  • Representation of multiple municipalities in multi-billion dollar Chapter 11 bankruptcies of mega pharmaceutical companies for claims of damages related to the opioid crisis.
  • Represented debtor in large Chapter 11 case of a brewery/restaurant operation in Upstate New York.
  • Filed the first Chapter 15 cross border case in bankruptcy court in the Syracuse Division of the Northern District of New York.
  • Chapter 7 and Chapter 11 Trustee for the Office of the United States Trustee for 28 years and served as counsel for the Trustee.
  • Represents Bond Surety Company throughout the country in small, medium and mega Chapter 11 bankruptcies with large environmental and remediation issues.
  • Assists agricultural lender in several large Chapter 11 and 12 bankruptcies and workouts throughout New York State.
  • Represents buyers and drafts bankruptcy related attorney opinion letters in multi-million dollar sale and loan transactions.
  • Defends clients in preference and fraudulent conveyance actions in bankruptcy court.
  • Represents buyer of a commercial laundry plant in complicated section 363 sale process.

Collections and Fraudulent Conveyances

  • Represents various financial institutions in New York State courts related to collections and breach of contract issues.
  • Lead attorney in various complex commercial collection litigation matters for many firm clients ranging from small family owned businesses to multi-million dollar companies.
  • Represents health care and long term care facilities in litigation including fraudulent conveyance and Medicaid issues and estate proceedings.
  • Represent corporate client in pursuing fraudulent conveyances/alter ego claims in state court resulting in recovery in full.

Foreclosures and Receiverships

  • Qualified by Office of Court Administration to be appointed receiver, counsel to receiver, and referee.
  • Court-appointed counsel to Receivers in commercial cases in Central New York, including hotels and rental properties.
  • Represents national lending institutions and loan servicers in residential foreclosures in all 62 counties of New York State, including many government-sponsored enterprises such as Fannie Mae and Freddie Mac.
  • Represents local banks and agricultural lending institution in residential and commercial foreclosures and collection efforts including replevin of equipment and machinery throughout New York State.
  • Berkshire Bank v. Fawer (Supreme Court, NY County): ongoing representation of lender in multimillion dollar foreclosure of residential condominium in New York City. Successful defense of appeal in the First Department.
  • Wells Fargo National Association as Trustee for Morgan Stanley Bank of America Merrill Lynch Trust 2015-C20,Commercial Mortgage Pass-Through Certificates, Series 2015-C20 v Syracuse Airport Express, LLC et al. (Supreme Court Onondaga County), representation of Receiver in foreclosure of mortgage on Holiday Inn Express.

UCC and Other Related Matters

  • Represents secured creditors and purchasers in uniform commercial code sales and acquisition of various businesses.
  • Assists lenders with defending security interests in collateral and challenges of proper perfection and related issues.

■ People

Team Leaders

Kevin W. Tompsett

Member
(585) 419-8738
ktompsett@harrisbeach.com

Team

David M. Capriotti

Member
(315) 214-2038
dcapriotti@harrisbeach.com

Robert J. Chanis

Member
(516) 880-8491
rchanis@harrisbeach.com

Esther S. Gabriel

Associate
(315) 214-2016
egabriel@harrisbeach.com

William J. Garry

Member
(516) 880-8490
wgarry@harrisbeach.com

Brian D. Roy

Member
(315) 214-2052
broy@harrisbeach.com

Kevin P. Ryan

Senior Counsel
(315) 214-2015
kryan@harrisbeach.com

Rajat R. Shah

Member
(716) 200-5109
rshah@harrisbeach.com

Kevin W. Tompsett

Member
(585) 419-8738
ktompsett@harrisbeach.com

William M. X. Wolfe

Associate
(315) 214-2059
wwolfe@harrisbeach.com

Lee E. Woodard

Member
(315) 214-2010
lwoodard@harrisbeach.com

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

Industry Teams
Automotive and Vehicle Dealerships
Blockchain and Digital Assets 
Cannabis
Construction and Surety
Educational Institutions Higher Ed
Educational Institutions K-12
EMS and Fire Protection Providers
Energy
Financial Institutions and Capital Markets
Food and Beverage
Health Care
Industrial and Consumer Manufacturing
Medical and Life Sciences
Municipalities and Local Agencies
Nanotechnology
Photonics
Racing and Gaming
Real Estate Developers
Science and Technology
Telecommunications and Media
Unmanned Aircraft Systems
USA Collegiate Sports
Veterinary Medicine

Practices
Alternative Dispute Resolution
Appellate
Business and Commercial Litigation
Collection Law
Commercial Real Estate
Corporate
Cybersecurity Protection and Response
Diversity Compliance
E-Discovery (e-infoSM)
Employee Benefits
Employment Litigation
Environmental Law
Environmental, Social and Governance (ESG)
Financial Restructuring, Bankruptcy and Creditors’ Rights
Government Compliance and Investigations
Health Law
Immigration Law
Insurance Coverage
Intellectual Property Law
International Trade Law
Internet Law
Labor and Employment Law
Mass Torts and Industry-Wide Litigation
New Markets Tax Credit
Patent, Trademark and Copyright Law
Product Liability and Comprehensive General Liability
Public Finance and Economic Development
Real Property Valuation Litigation
Residential Real Estate
Tax Law
White Collar Crime
Wills, Trusts and Estates

Consulting Services
HB Solutions LLC
Collegiate Sports Compliance
Data Privacy and Cybersecurity
Economic Development and Public Affairs
Educational Institution Assistance
EMRG® (E-Discovery Management Resources Group)
Energy
Health and Human Services
Human Resources
Information Technology
Marketing and Communication Services
Municipal and Local Agency Assistance

HB Cornerstone LLC
Owner Representation
Design Services
Facilities Consulting
Move Management

Caetra.io
CyMetric (Cybersecurity Regulation Compliance Software)

Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Washington, DC
800-685-1429

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of March 23, 2023 1:34 pm
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