Creditors' Rights & Bankruptcy

Creditors' Rights & BankruptcyBankruptcy & Insolvency Litigation | Business Bankruptcy

Caiola & Rose routinely represents the rights of secured and unsecured creditors, asset purchasers, and equity holders in bankruptcy and pre- and post-bankruptcy lawsuits. Caiola & Rose tailors its strategy to reflect our client’s unique situation and goals.  We listen and work together with our clients to efficiently solve problems and get results. Our clients are well-served by the Firm’s deep bankruptcy expertise coupled with our franchise, intellectual property, real estate, and commercial litigation specialties. We are a lean, resourceful team you can trust and rely on for significant litigation or negotiating out-of-court workouts.

Creditors' Rights & Bankruptcy

Caiola & Rose specializes in protecting and enforcing creditors rights in any bankruptcy or insolvency proceeding by:

  • Obtaining relief from stay to permit continuation or commencement of state law actions and remedies.
  • Dismissing or converting a bankruptcy case for cause, including asserting claims for bad faith filing.
  • Asserting and litigating secured and priority claims.
  • Asserting jurisdictional limits on bankruptcy court authority to interpret terms of terminated franchise agreement or lease.
  • Negotiating and litigating use of cash collateral.
  • Objecting to unauthorized use of cash collateral.
  • Opposing confirmation and terms of reorganization.
  • Proposing and negotiating a competing plan of reorganization.
  • Seeking consensual resolution of claims.
  • Compelling assumption or rejection of an executory contract or unexpired lease.
  • Opposing assumption or assignment of an executory contract or unexpired lease.
  • Compelling payment of administrative priority claims.
  • Defending perfection of claims under applicable state law.
  • Initiating adversary proceeding to enforce claims against debtor, including injunctive claims.
  • Filing claims.

Bankruptcy & insolvency Litigation

Caiola & Rose has representative litigation experience in the following areas:

  • Negotiating and litigating the terms of debtor-in-possession financing, objections to use of cash collateral, adequate protection and relief from automatic stay.
  • Prevailing on allowance of Chapter 11 administrative expense priority claims.
  • Objecting to sales and bidding procedures.
  • Defending the finality of asset sales.
  • Serving as special counsel: Investigating and bringing claims on behalf of the Chapter 7 or 11 Trustee or interested creditors.
  • Representing creditors as plaintiffs in bankruptcy: Establishing, litigating breach of fiduciary duty and other D & O claims, and preference, fraudulent conveyance and other avoidance actions.
  • Defending creditors in adversary proceedings: litigating non-dischargeablility claims; defending avoidance actions.
  • Claims litigation.

Business BankruptcY

If your business is experiencing financial distress or a liquidity crisis, we can counsel you to understand the options bankruptcy presents. Bankruptcy can be an effective tool to achieve business goals. Chapter 11 can provide a business with numerous financial options to help it survive, reorganize and turn the corner to success. When it becomes necessary to wind down the company and liquidate assets, Chapter 7 may sometimes be the best available alternative.  Caiola & Rose has both the legal and business expertise to partner with our clients to make decisions regarding out of court workouts, bankruptcy petitions, receiverships, insolvency-related litigation, asset sales, forbearance and financing agreements.