Business Law

Creditors’ Rights

Commercial litigators at Cummings, McClorey, Davis & Acho, P.L.C. (CMDA) have successfully defended 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 have also successfully prosecuted claims on behalf 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