Bankruptcy
Non-bankruptcy debtors:
- Representation of small businesses engaged in the following industries: medical practice, legal services, restaurant, retail, and real estate construction and development.
- Represented large retail supply store having multiple locations in the liquidation of its entire business (inventory, racking, website) and negotiation/settlement of personal guarantees.
- Represented medical imaging company in Northeast Philadelphia with a high patient volume and valuable assets. Lender repossessed assets peacefully and sold them to a third party which ensured the continuity of the business operations and the retention of many employees.
- Represented regional home builder in complex chapter 7 liquidation having hundreds of creditors and claims.
Chapter 11 cases/Debtor representation:
- Allegro Grille Associates, LLC (Restaurant): Confirmed Chapter 11 Plan providing for 100 percent dividends to unsecured creditors plus payments to equity holders.
- Ice Treats (Rita’s Water Ice Franchisee): Used bankruptcy stay to reverse an eviction and restore possession to three locations. Bankruptcy Court issued written published opinion in favor of debtor and against landlord.
- Pankey’s Transportation, Inc. (ground transportation and delivery business): Confirmed plan that was accepted by unsecured creditor class.
- South 18th St. Capital, LLC: Confirmed chapter 11 plan for single asset real estate debtor.
- Safe Disposal Systems, Inc. Settled a large landlord debt, ending a hostile Chapter 11 case with consensual dismissal, and which led business to flourish outside of bankruptcy.
- PS&G BC Connector, Inc. et. al. (Philly Steak & Gyro): Confirmed chapter 11 plan.
- Lighthouse Galleries, Inc. (Specialty Art Gallery): Confirmed chapter 11 plan.
- Omega Optical, Inc. (Retail Optical Store): Confirmed chapter 11 plan.
- Sgarra Bros., LLC (Small Chain of Hair Salons): Confirmed chapter 11 plan.
- Wheelworks Expert Auto Detail and Car Wash, Inc. (Auto Wash and Detail): Confirmed chapter 11 plan.
- Representation of individuals in large and complex personal chapter 11 cases. Successfully reorganized individuals who retained key assets and received a chapter 11 discharge at conclusion of the bankruptcy plan payment period.
Chapter 11 and 7 cases/Creditor Representation:
- Star Communications Group, Inc.: Representation of business in defense of a fraudulent transfer lawsuit brought by Chapter 7 trustee who sought an injunction. Settled for nominal value to avoid the expense of litigation and disruption of the client’s business.
- Joseph Grasso: Representation of individual creditor in a personal Chapter 11; advocacy contributed to the appointment of a Chapter 11 trustee (case was ultimately converted to Chapter 7).
- Objected to discharge of a Chapter 7 debtor on behalf of a creditor; debtor ultimately waived the entire Chapter 7 discharge based upon fraud investigation.
Involuntary bankruptcy cases:
- Representation of involuntary chapter 7 debtor; case dismissed against debtor after lengthy trial.
- Representation of petitioning creditors of Gibraltar Construction Corp. to initiate involuntary Chapter 7 bankruptcy.
Chapter 13 Cases:
- Completed a complex chapter 13 reorganization where debtor paid over $250,000 to unsecured creditors, comprised of mostly business taxes, and which resulted in a 100% distribution and the debtor retaining all assets including several pieces of real estate.
Bankruptcy litigation cases:
- Representation of chapter 7 debtors in many different cases involving the defense of lawsuits objecting to the debtor’s right to discharge. These cases asserted serious allegations of business loan fraud, real estate fraud, intentional torts and malicious injury to creditors. Successfully settled cases or obtained dismissals for failure to state a claim.
Commercial Litigation
Franchisor Representation:
- Represented Hollywood Tanning Systems, Inc. and its shareholders in multiple suits brought by creditors under the New Jersey Uniform Fraudulent Transfer Act, including:
- AMC Delancey Richboro Partners, L.P. (dismissed on our motion, terminating the litigation)
- Orchard Mall, LLC (settled for nuisance value at trial after 4 years of litigation)
- GS Partners, LLC (the Court granted summary judgment in favor of Hollywood Tanning Systems and the Venutos, denied all claims sought by plaintiff and ended nearly 10 years of litigation.)
- MSKP Oak Grove, LLC (after 9 years of litigation and a 7 day bench trial, the Court handed down a total defense verdict, entered final judgment in favor of Hollywood Tanning and shareholders). Case subsequently reversed and remanded on appeal and quickly settled for a sum favorable to client.
Commercial Tenant Representation:
- Successfully negotiated out-of-court settlement of lease disputes for commercial tenants, allowing businesses to extend their leases and avoid bankruptcy.
Representation of Professionals:
- Represented architect in insurance lawsuit and successfully dismissed case by preliminary objections in a decision recognized by Law360.
Business/Trade Representation (including Breach of Contract):
- Obtained a large six figure settlement (through private mediation) for plaintiff in a professional malpractice claim filed in the New Jersey Superior Court against commercial insurance broker.
- Obtained an emergency injunction on behalf of a co-managing member of an LLC to appoint him as the sole managing member to make business decisions for company.
- Settled a contentious shareholder dispute between members of a successful antique salvage and reclamation company
- Achieved favorable settlement for local real estate developer who sued lender for improper loan funding practices.
Real Estate:
- Settled contentious partition actions resulting in clients keeping valuable real estate or receiving funds from a sale/refinance.
Business Transactions
- Representation of buyer of full-service auto repair center including transactional documentation, financing of deal and closing.
- Representation of serial entrepreneur in the acquisition /sale of various businesses including coffee shop, pizza delivery restaurants and general retail.
- Representation of Chapter 11 debtor, local restauranteur, in bankruptcy debtor-in-possession financing to fund operations and turn-around plan.