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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 Roldan co-authors article for American Bankruptcy Institute Journal titled “BAP: A Settlement Agreement Is Not an Executory Contract”

January 11, 2024

Bankruptcy Code empowers debtors to assume, reject, or assign contracts/leases under § 365, even if contracts state otherwise. Mandelbaum Barrett PC Bankruptcy Partner Vincent J. Roldan, Esq. and Lewis Brisbois Bisgaard & Smith LLP Partner Minyao Wang, Esq. look at the recent Ninth Circuit BAP decision “In re Svenhard’s Swedish Bakery” where the court ruled […]

Mandelbaum Barrett PC named to 2024 Best Law Firms

November 9, 2023

Mandelbaum Barrett PC is thrilled to announce that once again we have been recognized by Best Lawyers on their “2024 Best Law Firms®” list! This recognition highlights the ongoing excellence of our dedicated team of attorneys, underscoring our unwavering commitment to providing top-notch legal services and ensuring client satisfaction. We take pride in the fact that 16 of our practice […]

Vincent Roldan named to the New Jersey Law Journal’s 2023 Diverse Attorneys of the Year list

October 11, 2023

Mandelbaum Barrett PC Bankruptcy and Banking Partner, Vincent J. Roldan, Esq. has been named to New Jersey Law Journal’s 2023 Diverse Attorneys of the Year list. After receiving nominations from across the New Jersey legal community, the Law Journal announced its honorees. Congratulations to Vincent and all the honorees. Read the full article here.

Partner Vincent J. Roldan Recognized in the Lawdragon 500 Leading Bankruptcy & Restructuring Lawyers for 2023

June 29, 2023

The Lawdragon 500 Leading Bankruptcy & Restructuring Lawyers for 2023 highlights an esteemed group of legal professionals renowned for their expertise in guiding companies through ailing economies and uncertain times. We are happy to announce that Vincent J. Roldan, a Partner at Mandelbaum Barrett PC licensed to practice in New Jersey and New York, has been recognized as […]

Navigating the Shifting Terrain of Subchapter V: Vincent J. Roldan Sheds Light on Conflicting Court Rulings in the ABI Law Journal

June 26, 2023

Discover the latest in the still-evolving landscape of Subchapter V. This insightful article, published in the American Bankruptcy Institute Law Journal, examines the application of nondischargeability provisions to corporate debtors. Written by Vincent J. Roldan, a Partner in Mandelbaum Barrett PC’s Bankruptcy and Creditors Rights, and Banking and Financial Services groups, this piece sheds light on conflicting court […]

Jeff M. Rosenthal and Vincent J. Roldan co-author American Bankruptcy Institute Journal article titled “Seventh Circuit to Consider Direct Appeal of 3M/Aearo Denying Extension of Stay to Nondebtors”

January 20, 2023

Stay informed with the latest on mass litigation and bankruptcy law in the January issue of the American Bankruptcy Institute Journal. Partners in the Firm’s Bankruptcy and Creditors Rights, and Banking and Financial Services practices, Jeff Rosenthal and Vincent Roldan, dive into the Aearo Technologies case and its impact on the industry. Read the article […]

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 PC’s Bankruptcy and Creditors Rights, and Banking and Financial Services groups, will be speaking on “Inflation/Recession: Impacts to Financing and Bankruptcy.” If you […]

Mandelbaum Barrett PC 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 PC 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

Appellate Division Weighs Public Contract Bid Rules in Issue of First Impression

December 5, 2023

On November 30, 2023, the Appellate Division affirmed the Camden County trial court’s decision in Ernest Bock & Sons-Dobco Pennsauken Joint Venture v. Township of Pennsauken and Terminal Construction Corp., holding that the New Jersey Public Works Contractor Registration Act, N.J.S.A. 34:11-56.48 to -56.57 (“PWCRA” or the “Act”), applies to a joint venture formed for […]

Raj Gadhok to Present for NJICLE’s “What is a Tevis Claim and What Does it Mean for My Divorce?

November 20, 2023

Navigating divorce cases in New Jersey often involves addressing domestic violence and abuse allegations. This is where the Tevis Claim often comes into play. It is essentially a personal injury claim you can bring against your spouse in the divorce complaint if instances of domestic violence have occurred. While opting for a Tevis Claim has […]

Going Green and Staying Out of Legal Trouble: The Art of Green Marketing

November 17, 2023

In today’s environmentally conscious world, green marketing has become a significant trend for businesses aiming to attract eco-minded consumers. Companies often use eco-friendly claims to promote their products and services, but they must tread carefully to avoid lawsuits and maintain their reputation. In this blog, we’ll explore green marketing and suggest some steps companies can […]

Client Alert: Corporate Transparency Act

November 16, 2023

On January 1, 2024, the Corporate Transparency Act (the “CTA”) will become law and will impose reporting obligations which will impact millions of small businesses across the United States. It is critical for business owners to understand the CTA reporting requirements as failure to comply can result in both civil and criminal penalties. If you own […]

Your Health, Your Choice: A Guide to Medicare Open Enrollment

November 7, 2023

The Medicare open enrollment period runs through December 7th, 2023.   Medicare adjusts costs, coverage, and accepted providers on an annual basis. If you have received “Evidence of Coverage,” or an “Annual Notice of Change,” from Medicare, now is the time to review your coverage, and, if necessary, make changes to your Medicare healthcare plan to better […]

Three Major Differences Between Recourse and Non-Recourse Loans

November 1, 2023

Borrower / Guarantor Liability Recourse – The borrower (or guarantor) is personally liable for the full amount of the loan, including any debt remaining after the collateral is foreclosed upon and sold. To satisfy the remaining debt, the lender can look to the individual assets of borrower (or guarantor). Non-Recourse – The borrower (or guarantor) […]

Chris Zona: Becoming a Trial Attorney

October 30, 2023

Despite the absence of legal role models, Chris Zona’s ambition as a trial attorney persisted. Immersed in civil and commercial law from an early age, Chris remained resolute. As a Senior Special Prosecutor, he broadened his horizons, delving into civil and commercial law. Join Chris in this exclusive feature, tracing his trajectory from law school to his adept handling of diverse cases, from serious felonies to complex white-collar offenses and healthcare law.

Navigating Back-to-School Safety: Preventing the Most Common Injuries

August 13, 2023

As the school season kicks into gear, safety should be at the forefront of everyone’s minds. At Mandelbaum Barrett PC, we are committed to ensuring your children have a safe and joyful academic year. While schools are expected to provide a secure learning environment, the reality is that unintentional injuries can occur on school grounds, around buses, and even in the neighborhood. It’s a collective responsibility of parents, students, school staff, and the community to take proactive measures to safeguard our children.

Navigating the Shifting Terrain of Subchapter V: Vincent J. Roldan Sheds Light on Conflicting Court Rulings in the ABI Law Journal

June 26, 2023

Discover the latest in the still-evolving landscape of Subchapter V. This insightful article, published in the American Bankruptcy Institute Law Journal, examines the application of nondischargeability provisions to corporate debtors. Written by Vincent J. Roldan, a Partner in Mandelbaum Barrett PC’s Bankruptcy and Creditors Rights, and Banking and Financial Services groups, this piece sheds light on conflicting court […]

Insights from William Barrett: New York County Dental Society Article Explores Cybersecurity Risks in Dental Practices

June 22, 2023

Dental health professionals handle a vast amount of sensitive patient data, ranging from personal information to medical records. To protect themselves and their patients, it’s important for them to understand cybersecurity risks and take appropriate measures. Staying aware of the latest threats and trends is crucial for adequate protection. Learn about some of the ways […]

Professional Liability Insurance for Dentist Owners: Types of Coverage Recommended

March 23, 2023

As a dentist owner of a practice, your top priority is to provide quality dental care to your patients. However, despite your best efforts, malpractice lawsuits can still occur. Therefore, it is crucial to have professional liability insurance to protect yourself, your practice, and your employees from the financial burden of a lawsuit. In this […]

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 […]

Spring 2022 Vet Law Newsletter

March 24, 2022

Momentum: Our Year in Review

March 24, 2022

These stories are successful case results from our attorneys. Please note that results may vary depending on your particular facts and legal circumstances.

Mandelbaum Barrett PC Victorious In Motion To Transfer Venue

March 1, 2024

Mandelbaum Barrett PC currently represents the DIP Lender in a bankruptcy case in Washington DC.  The DIP Lender called a default after uncovering evidence that insiders of the DC-based debtor fraudulently overstated invoices and diverted contracts, employees, and assets to a related company in Virginia.  After Mandelbaum, on behalf of the DIP Lender, sought injunctive […]

Mandelbaum Barrett PC named to 2024 Best Law Firms

November 9, 2023

Mandelbaum Barrett PC is thrilled to announce that once again we have been recognized by Best Lawyers on their “2024 Best Law Firms®” list! This recognition highlights the ongoing excellence of our dedicated team of attorneys, underscoring our unwavering commitment to providing top-notch legal services and ensuring client satisfaction. We take pride in the fact that 16 of our practice […]

Bankruptcy and Creditors Rights Group Achieves Multiple Successes for Clients Using Various Exit Strategies, Led by Partner Vincent J. Roldan

July 12, 2023

Busy start to the summer for our Bankruptcy and Creditors Rights group, especially Partner Vincent J. Roldan. This week, he argued a contested confirmation hearing in the RTW Construction case (Bankr. D.N.J. 21-18595). The court overruled objections and stated it will confirm the Debtor’s Chapter 11 plan of reorganization. In the past couple of weeks, […]