Appeals and Litigation

Business/Commercial Litigation

Attorneys in Cummings, McClorey, Davis & Acho, P.L.C. (CMDA) commercial litigation group are dedicated to providing clients with superior legal services on a timely, effective, and cost-efficient basis while maintaining the highest standards of professional integrity. We realize that to reach this goal, we need to communicate effectively and immediately so our client goals are met. Our clients do not get lost in the impersonal voicemail and mailbox options so commonly used by others. When you need to reach our attorneys, we will be available.
Our attorneys are skilled in the defense and prosecution of a broad range of civil cases. We represent a diverse client base, from small entrepreneurs to Fortune 500 companies in all federal and state courts and in front of administrative boards and agencies at all levels. Helping our clients stay out of the courtroom by limiting or preventing liability is a key element in our approach to business disputes.

CMDA’s commercial litigation attorneys provide a combination of versatility, experience and knowledge. We assist clients in the following areas of the law:

Antitrust and trade regulation
Bankruptcy and creditors’ rights
Business torts
Construction law
Class action defense
Condemnation proceedings
Employee benefits and employee benefits litigation
Environmental and natural resources
Financial services litigation
Insurance coverage
Intellectual property litigation
Probate and trusts
Product liability
Public utilities
Real estate litigation
State and local tax controversy
Trade secret and unfair competition
Our commercial litigators successfully defend small businesses and large corporations against aggressive trustees and debtors in bankruptcy court in the following areas:

Preference claims under 11 USC 547
Fraudulent transfer claims under 11 USC 548
Post-petition transactions under 11 USC 549
Defense against improper strip-offs and cramdowns in reorganization plans
Defense in 2004 Exams
Representation during Initial meetings of the creditors (341 hearing)
Our commercial litigators also successfully prosecute claims on behalf of creditors in the following areas:

Proofs of claim
Reaffirmation Agreements
Fraud and Theft Litigation
Adversary Proceedings to determine creditor ownership of property in order to remove it from the bankruptcy estate
Adversary Proceedings to Determine the Dischargeability of a Debt
Adversary Proceedings to Determine the Validity and Priority of a Lien
Motions to Lift the Automatic Stay