Bankruptcy and Creditor's Rights

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McBreen & Kopko offers comprehensive bankruptcy services in both debtor and creditor's rights contexts. We represent a wide range of clients, such as corporate entities and individuals seeking to reorganize their liabilities or liquidate their assets and secured and unsecured creditors with diverse business practices. In addition, we have broad experience with bankruptcy litigation matters, including but not limited to, defending preferential transfer and fraudulent conveyance actions where the damages sought range from thousands to multiple millions of dollars.

As a trusted and reliable bankruptcy and creditor's rights firm, our goal is to provide high quality and cost effective legal advice to both debtor and creditor clients.

Creditor's Rights

The firm’s extensive knowledge in bankruptcy matters allows us to aggressively represent creditors in and out of bankruptcy court with regard to matters directly relating to a bankruptcy filing. Our firm represents a large number of creditors including suppliers, aviation companies, investors and lenders, in connection with preference and fraudulent conveyance actions, claim recovery, automatic stay relief, bankruptcy litigation, and much more. We have also appeared in numerous out-of-state proceedings on behalf of our creditor clients.

Our firm has been actively involved representing creditors of various sizes in some of the larger Chapter 11 cases within the New York area, including but not limited to AMR Corporation, Inc., Caritas Health Care, Inc., The Great Atlantic & Pacific Tea Company, and The Brown Publishing Company.

Chapter 11 and Corporate Restructuring

McBreen & Kopko focuses on assisting our clients strategically restructure their business operations through Chapter 11 reorganization proceedings. We evaluate and assess, on a case-by-case basis, whether bankruptcy and corporate restructuring would be beneficial to each potential debtor.

McBreen & Kopko has represented numerous corporations, both large and small, as well as high net worth individuals, in the reorganization and restructuring of their personal affairs and/or business operations.  We have handled matters involving debtor in possession financing transactions, contested matters, adversary proceedings, lender liability issues, Section 363 asset sales, involuntary proceedings, negotiations with secured and priority creditors, and bankruptcy mediation.

Corporate clients of McBreen & Kopko include companies in the healthcare, printing, travel, aviation, retail, and food and beverage industries, among others.

Consumer Bankruptcy Filings 

In addition to corporate clients, McBreen & Kopko assists individuals in evaluating and filing Chapter 7 or 13 proceedings.

Chapter 7

Qualified debtors that file a Chapter 7 proceeding seek to eliminate debt without making payments to their creditors. A Chapter 7 proceeding is ideal for those with a large number of credit cards looking to discharge their debts and start fresh.

Chapter 13

Those wishing to file a Chapter 13 bankruptcy proceeding seek the confirmation of a Chapter 13 plan to satisfy their debts by re-paying their creditors a percentage of their claims. A Chapter 13 proceeding can also offer many benefits such as stopping foreclosure actions, removing second mortgages, and retaining debtor’s otherwise non-exempt assets.

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