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Bankruptcy and Creditors Rights

Our Bankruptcy and Creditors Rights Practice Group handles all types of bankruptcy­ and insolvency-related matters for creditors in bankruptcy cases, assignments-for-the­ benefit-of-creditor proceedings, out-of-court restructurings, workouts, and debt counseling.

The attorneys in our Bankruptcy and Creditors’ Rights Practice Group have decades of experience litigating in the state and federal courts on behalf of banks and other creditors. We appear on behalf of our clients in federal courts, both Bankruptcy and the District Courts, and various state courts on behalf of secured and unsecured creditors on a wide variety of matters, including commercial and residential mortgage foreclosures, UCC Article 9 foreclosures and collection actions, as well as preference and fraudulent transfer litigation.

We regularly represent banks in all aspects of asset recovery including:

  • Enforcement of security interests
  • Foreclosure of mortgages
  • The appointment of rent receivers

We have experience in all aspects of bankruptcy and insolvency litigation on behalf of creditors and other interested parties including:

  • Cash Collateral and DIP Financing Orders
  • Stay relief
  • Rejection and assumption of leases and other executory contracts
  • Litigation of administrative and unsecured claims
  • Defense of preference claims.
  • Prosecution and defense of fraudulent transfer actions
  • Prosecution of nondischargeability claims against debtors
  • Advising clients on their rights in bankruptcy cases; including the rights of landlords with tenants in bankruptcy, reclamation claims and purchase of assets from debtors.

We also represent clients in financial distress and provide them with advice and representation in dealing with their creditors. The attorneys in our Bankruptcy and Creditors’ Rights Practice Group also have extensive experience representing debtors in workouts, Chapter 7 liquidations, Chapter 11 reorganization cases and state court insolvency remedies.

Vincent J. Roldan will Speak on “Inflation/Recession: Impacts to Financing and Bankruptcy” in NYC.

September 27, 2022

The New York Institute of Credit and the Northeast Chapter of IFA are coming together to offer a program focused on topics such as inflation, recession, financing, bankruptcy, and more. Vincent J. Roldan, Partner in Mandelbaum Barrett’s Bankruptcy and Creditors Rights, and Banking and Financial Services groups, will be speaking on “Inflation/Recession: Impacts to Financing and Bankruptcy.” If you would […]

Mandelbaum Barrett Helps Legendary New York Hair Salon, John Barrett, Come Out of Bankruptcy

September 24, 2022

The firm represented John Barrett Salon in its successful Chapter 11 bankruptcy case. Existing management stayed in place, and the existing owner retained his equity. John Barrett Salon is a high end hairdressing salon located on 57th Street. The company survived the Covid era, withstood two variants (Delta and Omicron), and has not terminated any […]

Vincent Roldan, Esq. Co-Authors Article in the American Bankruptcy Institute Journal titled “Fifth Circuit in CJ Holding Declines to Find ‘Excusable Neglect'”

July 19, 2022

Mandelbaum Barrett Bankruptcy and Creditors Rights Partner Vincent Roldan, Esq. has co-authored an article with Jane Kim, Esq. in the July 2022 issue of American Bankruptcy Institute Journal titled “Fifth Circuit in CJ Holding Declines to Find ‘Excusable Neglect.‘” Read article here. Mr. Roldan also serves as the Coordinating Editor for ABI Journal.

Jeffrey Rosenthal and Vincent Roldan co-author New Jersey Law Journal article titled "The Big Dance: Bankruptcy Court to Analyze Texas Two Step"

January 27, 2022

Jeffrey M Rosenthal and Vincent J. Roldan of our Bankruptcy and Creditors' Rights and Banking and Financial Services practice groups explore the Chapter 11 filing by a subsidiary of J&J in this article in the New Jersey Law Journal.

The company used a corporate restructuring strategy known as the "Texas Two Step." The issue that will be in front of the New Jersey bankruptcy court — Is the restructuring strategy a proper use of bankruptcy code?

Vincent J. Roldan and Jeffrey M. Rosenthal co-author article titled "Third Circuit Upholds Administrative Claims Bar Date"

January 19, 2022

Bankruptcy and Creditors Rights department partners Vincent J. Roldan and Jeffrey M. Rosenthal have co-authored an article in the January 2022 issue of American Bankruptcy Institute Journal titled "Third Circuit Upholds Administrative Claims Bar Date."

Vince Roldan To Speak at AIRA Annual Bankruptcy & Restructuring Conference Virtual Series

May 24, 2021

Vince Roldan will be speaking at the AIRA (Association of Insolvency and Restructuring Advisors) annual conference on June 8, 2021, discussing Subchapter V and issues involving retail and real estate restructurings.

Jeffrey Rosenthal to Present at CFA's Annual "Advanced Legal Issues Workshop" Dec 5-7

November 2, 2017

Jeffrey M Rosenthal, a Member in the Firm and Co-Chair of its Banking and Financial Services and Bankruptcy and Creditors' Rights Practice Groups will be speaking at the CFA's "Advanced Legal Issues Workshop" on December 5-7 in New York City. This course is eligible for 19 CPE credits.

Jeffrey Rosenthal Interviewed in Clear Viewpoints Industry Insight Publication

September 29, 2017

Jeffrey M Rosenthal was recently interviewed by Stu Kessler of the Clear Thinking Group for the Clear Viewpoints section of their industry insights publication where he discussed both personal and professional aspects of his career and offered tips for those facing bankruptcy in today's legal landscape. Check out the full interview here: https://lnkd.in/gBBPRPi

Filial Responsibility: Requiring Adult Children to Pay for Aging Parents’ Care

July 6, 2022

Did you know that in many states you could be responsible for your parents’ unpaid medical bills? In fact, more than half of all states currently have laws making adult children financially responsible for their parents, including their parents’ long-term care costs. However, these laws are rarely enforced. Notably, New Jersey does not have filial […]

Top 5 Tips for Commercial Real Estate Brokers for Achieving Better Exclusive Listing Agreements

July 5, 2022

Any Exclusive Listing Agreement should cover both a sale and a lease. Deals change and you want to be protected for either scenario. The Exclusive Listing Agreement must have a definitive end date and cannot contain automatic renewals. As to payment of the commission on a sale, include language that the commission will be paid […]

The Tax Consequences of Selling a House After the Death of a Spouse

July 5, 2022

If your spouse dies, you may have to decide whether or when to sell your house. There are some tax considerations that go into that decision.  The biggest concern when selling property is capital gains taxes.  A capital gain is the difference between the “basis” in property and its selling price. The basis is usually […]

WHAT IS THE AMERICAN ACADEMY OF MATRIMONIAL LAWYERS AND WHY SHOULD YOU HIRE ONE OF THEIR FELLOWS?

July 5, 2022

AAML is a national organization with chapters in most states.  There are approximately 1,650 Fellows in the United States and 52 Fellows in New Jersey.  Our Family Law Co-Chair Lynne Strober is proud to be one of those Fellows. The AAML is dedicated to providing and promoting the highest degree of professionalism and excellence in […]

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