Practice Areas & Industries: Duane Morris LLP


Creditors' Rights and Advisory Services Return to Practice Areas & Industries

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Practice/Industry Group Overview

Due primarily to the firm's long history of representing banks, other commercial lenders and insurance companies, lawyers in the Business Reorganization and Financial Restructuring group have extensive experience in the protection and advancement of creditors' rights in insolvency situations.

Often, the protection of a creditor's rights requires the filing of a claim or the taking of some other action in a debtor's bankruptcy case. Just as often, however, creditor's rights are protected in non-bankruptcy courts by recourse to various state and federal laws such as fraudulent transfer and conveyance laws (based on either the Uniform Fraudulent Transfer Act or the Uniform Fraudulent Conveyance Act), the Uniform Commercial Code, title and lien recording statutes, laws regarding receiverships and assignments for the benefit of creditors, as well as various provisions of state corporation and business association laws.

Knowledge of the vast body of debtor-creditor law also translates into the ability to advise clients regarding business strategies and transactions, and to structure and prepare documentation for transactions or business programs in order to help identify and, where possible, limit the client's exposure to counterparty credit risk. Our lawyers are often called upon by clients to structure agreements in anticipation of the counterparty's bankruptcy, insolvency or failure to perform. These agreements range from litigation settlement agreements to warehousing agreements, and from collateral trust, insurance indemnity and surety bond agreements to securities lending, swap and other derivatives transaction agreements.


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Group Presentations
  Duane Morris Attorney Keri Wintle to Moderate Session at ABI 23rd Annual Northeast Bankruptcy Conference , Omni Mount Washington Resort, Bretton Woods, New Hampshire, July 15, 2016
Duane Morris Attorney Catherine Beideman Heitzenrater to Present Webcast on Uniform Commercial Code Article 9 , Webcast , May 12, 2016
Articles Authored by Lawyers at this office:

Eastern District of New York Holds That "Forced Vesting" of Title to Collateral Is an Impermissible Modification of a Secured Creditor's Rights
, August 02, 2016
In In re Zair, 2016 U.S. Dist. LEXIS 49032 (E.D.N.Y. Apr. 12, 2016), the U.S. District Court for the Eastern District of New York became the latest to take sides on the emerging issue of “forced vesting” through a chapter 13 plan. After analyzing Bankruptcy Code §§ 1322(b)(9)...

California Bankruptcy Court Holds Debtor Cannot Argue Real Property Had Lower Value Than What Was Attributed to Debtor's Schedules and Sworn Testimony
, July 30, 2016
On November 5, 2015, the United States Bankruptcy Court for the Northern District of California issued a “Memorandum re Plan Confirmation” in In re Bowie, Case No. 15-10144 (Bankr. N.D. Cal. Nov. 5, 2015), holding, among other things, that a debtor was precluded from arguing that real...

U.S. Bankruptcy Court in California Issues Decision on Enforceability of Prepetition Waivers of the Automatic Stay
, July 23, 2016
Adding to the unsettled body of case law on the enforceability of prepetition waivers of the automatic stay, on April 27, 2016, the U.S. Bankruptcy Court for the Central District of California issued a memorandum decision finding that cause existed to grant relief from stay where a chapter 11...

Violation of the Automatic Stay Seeking to Enforce Arbitration Award Against Nondebtor: Beware, You May Be on Thin Ice
, July 22, 2016
The United States Bankruptcy Court for the Southern District of Ohio, Eastern Division, (“the Court”) held in In re John Joseph Louis Johnson, III, Case No. 14-57104, 2016 WL 1719149, that a creditor violated the automatic stay by seeking to enforce an arbitration award against...

Personnel Files and Documents Relating to "Hand-Picked" Directors Ruled Discoverable in Breach of Fiduciary Duty Action Against Private Equity Firm
Paul D. Moore,Keri L. Wintle, November 30, 2015
A Delaware bankruptcy judge recently ruled that information concerning the compensation and performance of “hand-picked” directors of a private equity firm’s portfolio company was discoverable in an action for breach of fiduciary duty against the private equity firm.