Bankruptcy

Led by Department Chair James G. Aaron, in coordination with partners Joshua S. Bauchner and Anthony J. D’Artiglio, Ansell’s attorneys are well versed in the intricacies of bankruptcy practice. With several options of bankruptcy available, choosing the right chapter of bankruptcy is the first step in managing what is a difficult and stressful situation. Our bankruptcy attorneys are here to offer the knowledge and advice about the benefits and detriments of the different types of bankruptcy; Chapter 11, Chapter 13, and Chapter 7 proceedings, all of which should be considered prior to any individual or business filing for bankruptcy. Before filing, our attorneys will provide a complete analysis of our client’s assets and guide them through the establishment of an asset protection plan.

The Firm represents numerous national and state banking institutions, Fortune 500 companies, and many local corporate entities in restructuring corporate debt, and represents both creditors and debtors in all proceedings.

In particular, the Firm represents commercial landlords whose tenants file for bankruptcy.  The landlord becomes an estate creditor and has numerous, defined rights under the U.S. Bankruptcy Code.  As set forth below, Ansell recently experienced significant success on behalf of our landlord/creditor clients protecting their interest in realty and securing against abuse of the bankruptcy process by recalcitrant debtors.

The firm also handles state court insolvency matters, an alternative to federal bankruptcy, known as an assignment for the benefit of creditors (“ABC”).  Similar to a Chapter 7 liquidation proceeding, an ABC permits a debtor to assign its claims to an assignee — here, an attorney with the Firm appointed by the Court — to pursue preferential and fraudulent claims under state law.

Typical Matters Handled

 We have represented numerous national and state banking institutions, as well as many local corporate entities in restructuring corporate debt. We represent both creditors and debtors in the state court system, the federal district courts and the U.S. Bankruptcy Courts.

We handle a wide range of matters, including but not limited to:

• Filing of bankruptcy petitions
• Dischargeability of certain secured and unsecured claims
• Automatic stays
• Adversary proceedings and bankruptcy litigation of all types
• Personal and corporate reorganizations
• Asset protection
• Claims against property rights
• Defense of foreclosure actions
• Enforcement creditors’ secured positions