Bankruptcy and Creditors' Rights

Our attorneys represent many types of clients, ranging from individuals and entrepreneurs to large enterprises.

Representative clients include:

• Equity Security Holders
• Secured and Unsecured Creditors
• Lenders
• Lessors
• Landlords
• Licensors
• Official Committees of Unsecured Creditors
• Investors and Private Investment Companies
• Venture Capital Funds and Hedge Funds

In the following industries: 

• Banking and Financial Services
• Commercial Finance and Leasing
• Construction
• Consulting and Professional Services
• Distributors
• Energy
• Health Care
• Hospitality
• Manufacturing
• Retail
• Transportation

Our attorneys, who are admitted in numerous states and courts, have extensive experience working with other members of the bankruptcy bars of Pennsylvania, Maryland, Delaware, New York, and New Jersey, as well as other states throughout the U.S., assisting in the resolution of significant disputes. In the event that a negotiated resolution cannot be achieved, the Group’s attorneys also have the experience to litigate even the most complicated of matters.  

Among the legal services the Bankruptcy and Creditors’ Rights Practice Group provides to clients include: 

Representation of Creditors in Bankruptcy Proceedings

• Working with debtors and clients to address contract and lease issues
• Providing advice regarding available options and the best courses of action
• Pursuing the maximum recovery possible in bankruptcy court
• Identifying critical and significant issues
• Identifying and monitoring key dates and case events
• Assisting clients in maintaining any funds collected pre-petition
• Defending against preference and avoidance actions
• Defending against adversary proceedings brought by trustees or third parties
• Obtaining the release of property from the bankruptcy case
• Assisting with filing Proofs of Claim
• Monitoring bankruptcy cases to protect client interests

Loan Restructurings

• Drafting and negotiation of forbearance agreements
• Drafting and negotiation of revised loan documentation

Commercial Collections

• Drafting of demand letters
• Pursuing collection actions before federal and state courts
• Obtaining judgments
• Levying and sale of assets to satisfy judgments

Receivership and Trusteeship Proceedings

• Representing clients in state court receivership proceedings
• Representing clients in administrative agency trusteeship proceedings

Post & Schell’s Bankruptcy & Creditors’ Rights Group knows that an early and comprehensive approach to each matter can be critical in the protection of our client’s rights, understands the need to provide proactive representation, and recognizes the importance of being available to clients as they assess and evaluate their options. While we are aggressive in the protection of our client’s interests, we also recognize that the art of compromise is often central to reaching an acceptable resolution. 

We also understand the value and the balance between what actions can be taken under the law and what actions should be taken to protect a client’s interests, while maintaining the possibility of a continued business relationship between the client and their customer.