Bankruptcy & Creditors' Rights

Bankruptcy

There are times when a prudent decision to rehabilitate a business requires a reorganization under Chapter 11 of the Bankruptcy Code. For those times, McNamee Lochner P.C.'s bankruptcy and reorganization attorneys offer a broad and deep range of knowledge, skill and experience. We have guided a number of companies and single asset real estate entities through the bankruptcy process to a confirmed plan of reorganization and a fresh start. For example, the firm played a significant role in the confirmation of a highly successful Chapter 11 plan for the University Heights Association.

McNamee Lochner P.C.'s attorneys also represent secured and unsecured creditors, trustees, landlords and creditors' committees in reorganization and liquidation cases. We have significant experience in the bankruptcy process including adequate protection motions, cash collateral orders, Section 1111b elections for secured creditors, preferences, fraudulent conveyance and equitable subordination actions. McNamee Lochner P.C.'s bankruptcy attorneys are well acquainted with debtor-in-possession financing, claim objections and Section 363 sales.

Additionally, we regularly advise our business clients about workouts outside of bankruptcy. This includes the structuring and implementation of forbearance agreements, restructuring existing debt or arranging for new or additional debt financing or investment.

McNamee Lochner P.C. also represents secured and unsecured creditors in consumer bankruptcy cases. Our services include, preparing and filing proof of claims, motions to terminate automatic stay, reaffirmation agreements, appearances at creditors' meetings, and commencement and pursuit of adversary proceedings to determine the non-dischargeability of certain debts.

Creditors’ Rights And Collections

McNamee Lochner P.C.'s creditors' rights and collections attorneys provide a complete range of services necessary to represent the interests of creditors. This includes traditional creditors' rights services, such as collection of consumer and commercial debts, replevins, bankruptcy and foreclosure of mortgages and other liens. In addition, we offer advice regarding federal and state regulatory compliance and lender liability.

McNamee Lochner P.C.'s creditors' rights and collections attorneys file lawsuits on our clients' behalf throughout the State of New York. Our attorneys also are admitted in the four federal court bankruptcy districts of New York.

An advanced computer system with a sophisticated software package operated by a highly trained support staff enhances and distinguishes our collections practice. This system dramatically increases the speed, effectiveness and efficiency of litigating large numbers of individual matters. Clients can access the system from their own offices to review the status of their files. The computer system also includes interfaces with You've Got Claims and Partner to Partner which help facilitate the exchange of data with forwarders and clients nationwide.

McNamee Lochner P.C. is affiliated with several national associations that advance legislation favorable to creditor interests. We are a member of several national attorney networks that distribute and exchange client accounts and reports electronically. These affiliations include:

  • American Alliance of Creditor Attorneys (AACA)
  • American Bankruptcy Institute
  • Capital Region Bankruptcy Bar Association
  • Creditors' Rights Association of New York State
  • National Association of Retail Collection Attorneys (NARCA)