Porter Simon has nationally recognized expertise in bankruptcy and insolvency matters

When a business, investment, or loan falls short of its expected result, hire a certified specialist who is committed to maximizing your recovery.

General Representation

Failing businesses and distressed real estate assets can pose challenging issues and our clients move swiftly to protect their rights. We represent:

  • Secured and unsecured creditors and creditors’ committees (including lenders, investors, receivers, corporations and limited liability companies (individual members and/or stockholders), and landlords or tenants)
  • Pre-petition and debtor-in-possession (DIP) lenders in corporate restructurings
  • Corporate chapter 7 and 11 debtors needing to reorganize their finances in or out of bankruptcy court; and chapter 7 and 11 trustees

Litigation and Adversary Proceedings

When an individual debtor files a consumer bankruptcy case, or a corporate entity files a business bankruptcy case, we are not strangers to the courtroom. We litigate and defend matters such as:

  • Avoidance and recovery of preference payments, clawbacks, and fraudulent transfers
  • Discharge cases, for a creditor or debtor seeks to have a particular debt deemed nondischargeable on grounds of fraud, misrepresentation, among other reasons
  • Objections to claims and exemptions and turnover of property disputes

Alternative Solutions

Not all insolvency matters require a race to bankruptcy court. We can identify when an alternative and more suitable solution should be pursued. We advise clients for matters that include:

  • Enforcing secured liens or interests through foreclosure and/or conducting a private or public sale under the Uniform Commercial Code
  • Out-of-court restructurings, assignments for the benefit of creditors, and forbearance agreements
  • Seeking an appointment of a receiver, restructuring officer, and other professionals for a company to turnaround its operations