Creditors’ Rights & Bankruptcy

Cohn & Dussi’s Creditors’ Rights & Bankruptcy Practice is and has always been one of the firm’s most prominent practice areas. Our attorneys have decades of experience and deep expertise in aggressively enforcing creditors’ rights and remedies with respect to secured and unsecured transactions.

Our Creditors’ Rights Practice Group handles matters in the following areas, among others:

Equipment leasing and finance law
Commercial litigation
Creditors’ committee representation
Assignment for the benefit of creditors
Secured and unsecured lending
Representation of financial institutions

We handle financial transactions for clients in many industries, including banking, financial, real estate, venture capital investor, and equipment leasing. The types of transactions we handle for our clients run the gamut from collections and replevins to fraudulent conveyances and sophisticated enforcement of judgments.

Our business bankruptcy attorneys have substantial experience in representing secured and unsecured creditors in Chapter 7, 11 and 13 bankruptcy proceedings. In the event of a reorganization or liquidation, we handle all aspects of representation, including:

Litigation over contested claims
Motions for relief from the automatic stay
Defense of preference actions
Adversarial proceedings of any kind

Key Industries

Equipment & Leasing
Financial Institutions
Insurance
Assisted Living
Factoring
Construction
Merchant Cash Advance
Alternative Lending
Commercial & Residential Real Estate

Memberships & Affiliations

Featured Client Experiences

Manufacturer Recovers Over $2 Million from Bankrupt Customer within Hourly Budget

It’s hard to predict how a Chapter 11 bankruptcy will pan out. But when Cohn & Dussi represented a local manufacturer in recovering over $2 million from a bankrupt customer, all their interests were protected throughout the reorganization and performed within the hourly budget. It was a true partnership from beginning to end, and our client enjoyed a favorable result.

Unique Hourly Approach to Enforce Contract for Local Distribution Company

On a number of occasions, a local distribution company suffered losses related to unpaid invoices and unrecovered product. Most of the challenges were related to their contract’s terms and conditions, and ability to enforce all available remedies. Cohn & Dussi offered a rare and attractive hourly approach to the work. We drafted an iron-clad agreement that preserved our client’s rights.

Transportation Company Regains Possession of Truck Under Flat-Fee Arrangement

In the credit-challenged space of transportation, it’s becoming more common to see vehicles commandeered by third parties, such as repair centers. A finance company in this space hired Cohn & Dussi on a flat fee basis to file suit for possession and for money damages. Once the suit was filed, the truck was immediately released, the repair and storage fees were renegotiated and the debtor agreed to a fair deficiency balance.

Business Approach to Exit Bankruptcy for FinTech Lender

In the past, a FinTech lender had enjoyed a low level of delinquency and charge-offs. However, that changed a few years ago with a number of unexpected Chapters 7, 11 and 13 bankruptcy filings. The company reportedly received a range of advice as to how to handle the situation. The attorneys at Cohn & Dussi brought a business approach and experience with bankrupt entities and their personal guarantors, helping the company exit each of these matters with the best possible outcome without a heavy investment in legal.