Law Offices of Mitchell J. Malzberg, LLC
PO Box 5122
6 E. Main St, Suite 7 Clinton, NJ 08809
Creditors’ RightsThe 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.
Assignments for the Benefit of CreditorsMr. 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 GovernanceMr. 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 PlanningMr. 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.
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.
Replevin & ReceivershipsThe 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.