Representation of Debtors

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Experience

We help financially struggling businesses explore all of their options, from out-of-court resolutions to reorganization or liquidation under the federal bankruptcy laws. Our services include:

advising on and negotiating debt restructurings and other out-of-court solutions;
completing debtor's schedules and initiating the bankruptcy case;
assisting with business or asset sales;
advising on and negotiating debtor-in-possession financing;
analyzing and litigating creditors' claims;
analyzing - and, if necessary, enforcing - contracts and leases; and
negotiating, filing, and obtaining confirmation of plans of reorganization.

Representative Matters

Current and recent notable engagements include:

acting as special counsel to Irving H. Picard, the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC and the Chapter 7 Trustee of Bernard L. Madoff in connection with the recovery of assets for investors in Madoff's billion-dollar Ponzi scheme. In such capacity, we are currently litigating approximately 50 clawback lawsuits against transferees of assets of the debtors' consolidated estate. We are also acting as debtor's counsel in the chapter 11 case of a Madoff-related entity with partial ownership interests in a private jet and in an adversary proceeding commenced thereunder, seeking authority for a Section 363 sale free and clear of all liens; and
acting as special counsel to Lehman Brothers Holdings Inc., et al. in connection with the restructuring, refinancing, foreclosure on, and analysis of the debtors' substantial real estate portfolio.

Team +

Newsroom +

Super Lawyers Recognizes 2024 New York Metro and Rising Star Lawyers - Oct 24, 2024
The Best Lawyers Announces 2025 Nominees - 43 Windels Marx Lawyers Recognized - Aug 15, 2024
John Tepedino Promoted to Partner - Nov 21, 2023
Windels Marx Ranked by Best Law Firms® in 2024 - Nov 2, 2023
For 2023, Super Lawyers Recognizes 13 Lawyers in New York Metro Edition and 6 Rising Stars - Oct 16, 2023
Best Lawyers in America 2024 Recognizes 30 Windels Marx Lawyers, 14 "Ones to Watch", 3 "Lawyers of the Year" - Aug 17, 2023
Windels Marx Named to the 2023 Roster of U.S. News – Best Lawyers "Best Law Firms" - Nov 3, 2022
For 2022, Super Lawyers Recognizes 12 Lawyers in New York Metro Edition and 2 Rising Stars - Oct 11, 2022
Best Lawyers in America 2023 Recognizes 25 Windels Marx Lawyers, 9 Ones to Watch, 4 Lawyers of the Year - Aug 18, 2022
James Sullivan Talks to Crain's NY Business About Bankruptcy Asset Sales and Finding Gold Amidst the Ashes - Dec 6, 2021
For 2021, Super Lawyers Recognizes 18 Lawyers in New York Metro and Rising Stars Editions - Sep 30, 2021
Howard Simon Quoted on Potential Dewey & LeBoeuf LLP Bankruptcy - May 21, 2012

Events +

Rob Malatak, Eloy Peral Join Bisnow on Distressed Assets - March 28th - Aug 20, 2024
James Sullivan Discusses Bankruptcy and Cryptocurrency with The Knowledge Group - Feb 15, 2023
COVID-19 - James Sullivan Joins Panel on May 28 on Small Business Bankruptcy Under The CARES Act and the SBRA - Sep 9, 2020

Publications +

Appellate Division Confirms, In a Case of First Impression, That FHA Covid-19 Moratorium Tolled the Statute of Limitations for Commencing a Foreclosure Action of Federally Backed Mortgages - Jul 9, 2024
Judgment Day: Enforcing Monetary Judgments Against Debtors - Apr 11, 2024
Debtors Can't Have Their Cake and Eat it Too: SDNY Bankruptcy Judge Rules that Hotel Must Pay Default Interest As Condition to Reinstating Loan - Aug 15, 2023
New Changes to Business Bankruptcy Law Enacted – But No Extension of the Increased Debt Threshold to Take Advantage of the Small Business Bankruptcy Law Implemented as Part of The CARES Act - Feb 11, 2021

Related Practice

Bankruptcy & Creditors' Rights