
Bankruptcy & Creditors' Rights
Applying diverse skills to protect our clients' interests.
Our bankruptcy and workout group is a microcosm of Farrell Fritz's overall practice, drawing from all areas of the firm's practices. The group is made up of a core of attorneys who focus on bankruptcy and workout matters. The group frequently draws upon lawyers from litigation, corporate, real estate, healthcare, environmental, labor and tax to assist with the multitude of issues that frequently arise in troubled, financially distressed situations.
The Bankruptcy and Creditors' Rights Practice Group represents primarily creditors, both secured and unsecured, although the firm represents borrowers in strategic engagements. The group represents official committees, trustees, examiners, officers and directors and debtors in Chapter 11 cases. The group also represents parties acquiring assets through bankruptcy as well as parties being sued by committees, debtors or trustees to recover preferences or fraudulent conveyances.
With respect to institutional lenders, the Bankruptcy and Creditors' Rights Practice Group:
- Reviews loan documents and lenders' collateral coverage for existing and potential defects and enforcement problems
- Advises the client regarding available alternatives
- Works with the client to avoid lender liability exposure
- Evaluates the borrower's proposals against the backdrop of potential litigation strategies
- Documents pre-bankruptcy resolutions with an eye toward possible future bankruptcies
In addition, the group's attorneys frequently assist their colleagues in the Corporate and Real Estate Departments in analyzing insolvency issues that arise in loan originations including, for example, preferential payments, credit enhancement issues, fraudulent conveyances, alter ego, substantive consolidation and inter-creditor issues. Our clients may have an ongoing relationship with a debtor in bankruptcy, as a landlord, a service provider or other. We assist these clients in continuing to do business with the debtor while assuring prompt payment for products or services provided post-petition.
The group has developed a niche in the intersection of healthcare and chapter 11, representing official committees, distressed hospitals and other key players in healthcare bankruptcies.
Attorneys in Bankruptcy & Creditors' Rights practice:
Ted A. Berkowitz, Partner
Patrick T. Collins, Partner
Louis A. Scarcella, Partner
Michael J. Healy, Counsel
Darren A. Pascarella, Associate
Jason W. Trigger, Associate
Robert C. Yan, Associate
Bankruptcy & Creditors' Rights Articles:
Dec 1, 2008
Filing of Claims or Interests in Chapter 11 Cases
Nov 1, 2007
What Constitutes a Health Care Business Under 11 U.S.C. § 333?
Bankruptcy & Creditors' Rights Press Releases:
Jun 24, 2009
Ted A. Berkowitz Serves on American Bankruptcy Institute's Health Care Triage 2009 Advisory Board
Jan 19, 2009
Darren A. Pascarella Joins Farrell Fritz as a Commercial Litigation & Bankruptcy Associate
Bankruptcy & Creditors' Rights Events:
Apr 13, 2010
Mediation, Financing & Professional Compensation in Chapter 11 Matters
Jun 26, 2009
American Bankruptcy Institute's (ABI) Health Care Triage 2009





