Members of the Firm’s Bankruptcy Law Group are Alex F. Mattera, Chair, and Anne J. White, Chapter 7 Trustee.
The Firm maintains a comprehensive bankruptcy practice, representing all major constituencies of the insolvency process. Founded in 2007, the Bankruptcy Practice Group combines nearly 60 years of experience in the insolvency, debtors’ and creditors’ rights practices. The Bankruptcy Practice Group’s breadth of experience ranges across industries—retail, manufacturing, service sector, life sciences, educational institutions and more. The Firm provides bankruptcy and related services in the areas of:
Bankruptcy Professionals—The Firm is routinely approved as counsel to all major parties in the bankruptcy process, including Chapter 11 debtors, official committees of unsecured creditors, and court-appointed trustees in both Chapter 7 and Chapter 11 cases:
- Counsel have participated in the representation of complex Chapter 11 cases for diverse debtor entities, from video rental retailers to art supply and print sellers to precision-machined parts manufacturers.
- Attorney Anne J. White of the Firm is a member of the panel of Chapter 7 Trustees appointed by the Office of the United States Trustee. Attorney White is also frequently appointed as Chapter 11 Trustee in cases throughout the District of Massachusetts. The Firm has successfully represented Attorney White in recent cases wherein she was able to repay all creditors in full, with interest, and additionally provide distributions to shareholders or a surplus to the debtor.
- The Firm’s representation of creditors’ committees remains an essential aspect of the Bankruptcy Practice Group’s services. Providing informed advice to committees ensures the active and effective participation of such groups in the Chapter 11 reorganization process.
Creditors’ Rights—The Firm’s creditors’ rights practice necessarily encompasses a variety of matters. These matters include individual creditors, both secured and unsecured, as well as creditor committees and informal creditor compositions. Representative matters include:
- Relief from the automatic stay imposed by the Bankruptcy Code.
- Continuation of pending litigation in either the Bankruptcy Court or, through relief, in the Court of original jurisdiction.
- Attendance at meetings of creditors pursuant to section 341 of the Bankruptcy Code.
- Defense of avoidance actions, including actions to recover preferential transfers, fraudulent conveyances, recharacterization of debt, and related matters.
- Prosecution of global nondischargeability actions and actions to determine dischargeability of individual debts.
Consumer Debt Relief—The Firm offers debt-relief counseling and advice to individual and corporate debtors for all manner of debts, including consumer, credit card, medical, divorce and other matters. Often a flat-fee arrangement can provide immediate and comprehensive relief for consumer debtors in a number of areas:
- Chapter 7 liquidation, and the discharge of substantially all ordinary unsecured debts.
- Chapter 11 reorganization, to retain and preserve valuable assets such as income rental property or business interests.
- Elimination of mortgage liability, foreclosure deficiencies and related debts.
- Preservation of exempt assets under applicable exemption laws, including the Bankruptcy Code and Massachusetts state-based exemptions.
- Negotiation with secured lenders with respect to mortgage modifications and similar relief.
Non-Bankruptcy Alternatives—Numerous non-bankruptcy alternatives for reorganization or liquidation exist. The Firm has extensive experience on both the creditor and debtor sides of such disputes:
- State-law receiverships; Assignments for the benefit of creditors;
- Forbearance agreements between secured lenders and debtors;
- Injunctive and other pre-judgment relief against defendants;
- Repossession of collateral and enforcement of liens under the Uniform Commercial Code
- Other informal workout scenarios.
The Firm’s bankruptcy and insolvency expertise provides clients with agile, responsive solutions in the specialized world of bankruptcy and the fast-paced distressed business environment. The Bankruptcy Practice Group also delivers individualized strategies for consumer debtors, with proven results. Coupled with the Firm’s recognized litigation services, clients are assured of consistent, broad and complete legal and strategic support throughout their representation.