PRACTICE AREAS

Creditors’ Rights

The firm has considerable experience representing debtors, secured and unsecured creditors, landlords, trustees, liquidating trusts, assignees, receivers, and creditors’ committees as well as having handled state court insolvencies and workout proceedings.

Mr. Malzberg has extensive experience with Commercial and Bankruptcy litigation and has represented an extensive list of official and unofficial creditor committees in complex, high-profile Chapter 11 reorganizations involving large companies and labor unions with countless business and legal issues.

The firm specializes in issues that require in-depth knowledge of the Bankruptcy Code, case administration, including the day-to-day organizational needs of creditors’ committees, and the structuring, negotiation and documentation of reorganization plans.

Bankruptcy

The firm specializes in all areas of complex bankruptcy representing Debtors, Creditor committees, secured and unsecured creditors, Bankruptcy Trustees, liquidating trusts, Unions and third party purchasers. Trustee representation is a key function of our business. Mr. Malzberg has developed professional relationships with many Bankruptcy Court Trustees and has successfully assisted in the liquidation of hundreds of estates. Mr. Malzberg has handled numerous adversary proceedings in Bankruptcy court litigating preference actions, fraudulent conveyance actions and other disputes arising in the Bankruptcy arena.

Assignments for the Benefit of Creditors

Mr. Malzberg has represented as counsel and also has experience serving as Assignee for the Benefit of Creditors in state court liquidations, serving as fiduciary to oversee the efficient and effective wind down of corporations and business entities in the state of New Jersey. The firm handles representation of creditors, landlords and third party purchasers in this venue.

Corporate Law and Governance

Mr. Malzberg has experience in many facets of corporate representation. He represents businesses in formation, sale, acquisition, dissolution and financing transactions. He also provides advice to companies regarding corporate governance and provides corporate legal services including contract review, lease negotiation, drafting and negotiating limited liability operating agreements and shareholder agreements. Mr. Malzberg also negotiates and prepares business agreements including but not limited to vendor, non-competition, non-solicitation, consulting and non-disclosure and confidentiality agreements. He handles dissolution of limited liability companies and corporations, shareholder disputes and breach of contract claims.

Wills and Estate Planning

Mr. Malzberg provides Estate Planning advice and prepares Last Will and Testaments, Power of Attorney and Living Will documents. He serves as Counsel to Executors, Administrators, Trustees and Beneficiaries/Heirs in Probate court and other matters.

Debt Collection

Mitchell Malzberg has been a leader in the field of debt collection for more than 20 years. He has represented businesses large (including Fortune 500) and small and has helped recover millions of dollars for his clients.

Mr. Malzberg has a strong history of representation of clients in the food industry as well as construction. He has expertise in the construction lien law, bond claims, lien rights and Miller Act claims.

The firm prides itself on its aggressive tactics, taking action when other firms would still be making time-consuming phone calls and writing letters. The firm’s strategy is based on immediately placing claims into suit and providing the defendant with immediate notice of the filing.

During the post-judgment phase, the firm prepares and files the appropriate garnishment, attachment and post-judgment discovery to track the enforcement process each step of the way to ultimate collection.

Commerical Litigation

The firm handles commercial disputes between business and corporate clients in many areas including but not limited to disputes arises under the Uniform Commercial Code, lease disputes, corporate/partnership/shareholder disputes, consumer warranty claims, breach of contract claims and other business matters that may arise.

Replevin & Receiverships

The firm has the expertise to legally repossess goods and secure assets on behalf of a secured Creditor for a default under a security agreement and loan called a Writ of Replevin. Mr. Malzberg advises clients on their legal rights and remedies to repossess the assets. Mr. Malzberg has served as a Receiver and has petitioned the Court on behalf of Creditors seeking the appointment of a Receiver to liquidate the assets of an insolvent Debtor entity. In so doing, the entity is placed into statutory Receivership in order to secure and preserve assets for the benefit of the claimant and Creditors.

Residential & Commercial Real Estate

Buying or selling real estate, whether residential or commercial, is a major investment, and both buyers and sellers are well advised to be represented by an experienced real estate attorney throughout the process. From start to finish, our firm does a comprehensive analysis of all areas of the transaction which could potentially impact our clients. Our firm is experienced and well equipped to give your matter the attention it needs so that your interests are protected.
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