Bankruptcy and Creditors Rights
Our Bankruptcy and Creditors Rights Practice Group handles all types of bankruptcy and insolvency-related matters for creditors in bankruptcy cases, assignments-for-the benefit-of-creditor proceedings, out-of-court restructurings, workouts, and debt counseling.
The attorneys in our Bankruptcy and Creditors’ Rights Practice Group have decades of experience litigating in the state and federal courts on behalf of banks and other creditors. We appear on behalf of our clients in federal courts, both Bankruptcy and the District Courts, and various state courts on behalf of secured and unsecured creditors on a wide variety of matters, including commercial and residential mortgage foreclosures, UCC Article 9 foreclosures and collection actions, as well as preference and fraudulent transfer litigation.
We regularly represent banks in all aspects of asset recovery including:
- Enforcement of security interests
- Foreclosure of mortgages
- The appointment of rent receivers
We have experience in all aspects of bankruptcy and insolvency litigation on behalf of creditors and other interested parties including:
- Cash Collateral and DIP Financing Orders
- Stay relief
- Rejection and assumption of leases and other executory contracts
- Litigation of administrative and unsecured claims
- Defense of preference claims.
- Prosecution and defense of fraudulent transfer actions
- Prosecution of nondischargeability claims against debtors
- Advising clients on their rights in bankruptcy cases; including the rights of landlords with tenants in bankruptcy, reclamation claims and purchase of assets from debtors.
We also represent clients in financial distress and provide them with advice and representation in dealing with their creditors. The attorneys in our Bankruptcy and Creditors’ Rights Practice Group also have extensive experience representing debtors in workouts, Chapter 7 liquidations, Chapter 11 reorganization cases and state court insolvency remedies.
Vincent J. Roldan Co-Authors Insightful ABI Journal Article on Bankruptcy Law and Debtor Rights
November 15, 2024
Explore the evolving dynamics of bankruptcy law in this must-read article published in the American Bankruptcy Institute Journal. Co-authored by Vincent J. Roldan, a Partner in Mandelbaum Barrett PC’s Bankruptcy and Creditors Rights, and Banking and Financial Services groups, “Rules Are Made to Be Broken… if in Conflict with the Code“ dives into the balance […]
Vincent J. Roldan Quoted in JCR’s September Issue: Insights on Article 9 Restructuring
September 13, 2024
Vincent J. Roldan, Partner in Mandelbaum Barrett PC’s Banking and Financial Services Practice Group, was recently quoted in Journal of Corporate Renewal’s September 2024 issue: “Not Your Parents’ Article 9 Restructuring.” The article explores the challenges of distressed business situations, where banks, borrowers, and creditors often conflict, and how Chapter 11 and ABCs can negatively […]
Fifth Circuit Ruling: A New Challenge for Corporate Debtors in Subchapter V
July 10, 2024
The Fifth Circuit’s recent decision in In re GFS Industries could change the game for corporate debtors using Subchapter V. This ruling supports the controversial Cleary Packaging decision, making it harder for these debtors to get a fresh start. Find out what this means for bankruptcy cases and the legal landscape. Read the full analysis […]
Vincent Roldan co-authors article for American Bankruptcy Institute Journal titled “BAP: A Settlement Agreement Is Not an Executory Contract”
January 11, 2024
Bankruptcy Code empowers debtors to assume, reject, or assign contracts/leases under § 365, even if contracts state otherwise. Mandelbaum Barrett PC Bankruptcy Partner Vincent J. Roldan, Esq. and Lewis Brisbois Bisgaard & Smith LLP Partner Minyao Wang, Esq. look at the recent Ninth Circuit BAP decision “In re Svenhard’s Swedish Bakery” where the court ruled […]
Mandelbaum Barrett PC named to 2024 Best Law Firms
November 9, 2023
Mandelbaum Barrett PC is thrilled to announce that once again we have been recognized by Best Lawyers on their “2024 Best Law Firms®” list! This recognition highlights the ongoing excellence of our dedicated team of attorneys, underscoring our unwavering commitment to providing top-notch legal services and ensuring client satisfaction. We take pride in the fact that 16 of our practice […]
Vincent Roldan named to the New Jersey Law Journal’s 2023 Diverse Attorneys of the Year list
October 11, 2023
Mandelbaum Barrett PC Bankruptcy and Banking Partner, Vincent J. Roldan, Esq. has been named to New Jersey Law Journal’s 2023 Diverse Attorneys of the Year list. After receiving nominations from across the New Jersey legal community, the Law Journal announced its honorees. Congratulations to Vincent and all the honorees. Read the full article here.
Partner Vincent J. Roldan Recognized in the Lawdragon 500 Leading Bankruptcy & Restructuring Lawyers for 2023
June 29, 2023
The Lawdragon 500 Leading Bankruptcy & Restructuring Lawyers for 2023 highlights an esteemed group of legal professionals renowned for their expertise in guiding companies through ailing economies and uncertain times. We are happy to announce that Vincent J. Roldan, a Partner at Mandelbaum Barrett PC licensed to practice in New Jersey and New York, has been recognized as […]
Navigating the Shifting Terrain of Subchapter V: Vincent J. Roldan Sheds Light on Conflicting Court Rulings in the ABI Law Journal
June 26, 2023
Discover the latest in the still-evolving landscape of Subchapter V. This insightful article, published in the American Bankruptcy Institute Law Journal, examines the application of nondischargeability provisions to corporate debtors. Written by Vincent J. Roldan, a Partner in Mandelbaum Barrett PC’s Bankruptcy and Creditors Rights, and Banking and Financial Services groups, this piece sheds light on conflicting court […]
Jeff M. Rosenthal and Vincent J. Roldan co-author American Bankruptcy Institute Journal article titled “Seventh Circuit to Consider Direct Appeal of 3M/Aearo Denying Extension of Stay to Nondebtors”
January 20, 2023
Stay informed with the latest on mass litigation and bankruptcy law in the January issue of the American Bankruptcy Institute Journal. Partners in the Firm’s Bankruptcy and Creditors Rights, and Banking and Financial Services practices, Jeff Rosenthal and Vincent Roldan, dive into the Aearo Technologies case and its impact on the industry. Read the article […]
Vincent J. Roldan will Speak on “Inflation/Recession: Impacts to Financing and Bankruptcy” in NYC.
September 27, 2022
The New York Institute of Credit and the Northeast Chapter of IFA are coming together to offer a program focused on topics such as inflation, recession, financing, bankruptcy, and more. Vincent J. Roldan, Partner in Mandelbaum Barrett PC’s Bankruptcy and Creditors Rights, and Banking and Financial Services groups, will be speaking on “Inflation/Recession: Impacts to Financing and Bankruptcy.” If you […]
Mandelbaum Barrett PC Helps Legendary New York Hair Salon, John Barrett, Come Out of Bankruptcy
September 24, 2022
The firm represented John Barrett Salon in its successful Chapter 11 bankruptcy case. Existing management stayed in place, and the existing owner retained his equity. John Barrett Salon is a high end hairdressing salon located on 57th Street. The company survived the Covid era, withstood two variants (Delta and Omicron), and has not terminated any […]
Vincent Roldan, Esq. Co-Authors Article in the American Bankruptcy Institute Journal titled “Fifth Circuit in CJ Holding Declines to Find ‘Excusable Neglect'”
July 19, 2022
Mandelbaum Barrett PC Bankruptcy and Creditors Rights Partner Vincent Roldan, Esq. has co-authored an article with Jane Kim, Esq. in the July 2022 issue of American Bankruptcy Institute Journal titled “Fifth Circuit in CJ Holding Declines to Find ‘Excusable Neglect.‘” Read article here. Mr. Roldan also serves as the Coordinating Editor for ABI Journal.
Jeffrey Rosenthal and Vincent Roldan co-author New Jersey Law Journal article titled "The Big Dance: Bankruptcy Court to Analyze Texas Two Step"
January 27, 2022
Jeffrey M Rosenthal and Vincent J. Roldan of our Bankruptcy and Creditors' Rights and Banking and Financial Services practice groups explore the Chapter 11 filing by a subsidiary of J&J in this article in the New Jersey Law Journal.
The company used a corporate restructuring strategy known as the "Texas Two Step." The issue that will be in front of the New Jersey bankruptcy court — Is the restructuring strategy a proper use of bankruptcy code?
Vincent J. Roldan and Jeffrey M. Rosenthal co-author article titled "Third Circuit Upholds Administrative Claims Bar Date"
January 19, 2022
Bankruptcy and Creditors Rights department partners Vincent J. Roldan and Jeffrey M. Rosenthal have co-authored an article in the January 2022 issue of American Bankruptcy Institute Journal titled "Third Circuit Upholds Administrative Claims Bar Date."
Vince Roldan To Speak at AIRA Annual Bankruptcy & Restructuring Conference Virtual Series
May 24, 2021
Vince Roldan will be speaking at the AIRA (Association of Insolvency and Restructuring Advisors) annual conference on June 8, 2021, discussing Subchapter V and issues involving retail and real estate restructurings.
Jeffrey Rosenthal to Present at CFA's Annual "Advanced Legal Issues Workshop" Dec 5-7
November 2, 2017
Jeffrey M Rosenthal, a Member in the Firm and Co-Chair of its Banking and Financial Services and Bankruptcy and Creditors' Rights Practice Groups will be speaking at the CFA's "Advanced Legal Issues Workshop" on December 5-7 in New York City. This course is eligible for 19 CPE credits.
Jeffrey Rosenthal Interviewed in Clear Viewpoints Industry Insight Publication
September 29, 2017
Jeffrey M Rosenthal was recently interviewed by Stu Kessler of the Clear Thinking Group for the Clear Viewpoints section of their industry insights publication where he discussed both personal and professional aspects of his career and offered tips for those facing bankruptcy in today's legal landscape. Check out the full interview here: https://lnkd.in/gBBPRPi
These stories are successful case results from our attorneys. Please note that results may vary depending on your particular facts and legal circumstances.
Mandelbaum Barrett PC Secures $14 Million Judgment In New York
May 21, 2024
Mandelbaum Barrett PC secured a notable win in New York’s Commercial Division. Representing a commercial lender, the Litigation and Bankruptcy team obtained a $14 million summary judgment against defaulting debtors.
Mandelbaum Team of Bankruptcy Attorneys and Litigators Victorious in DC
April 19, 2024
The Mandelbaum legal team achieved a significant win, securing the removal of a debtor and appointing an independent trustee in a complex bankruptcy case, protecting a commercial lender from a suspected $13 million fraud. This marks a pivotal advancement in the enforcement of Subchapter V of the Bankruptcy Code.
Legal Victory: Dismissal of Bankruptcy Trustee’s Claim Against Client in High-Stakes Contract Dispute
March 1, 2024
Mandelbaum Barrett PC partner Joshua S. Bauchner and Vincent J. Roldan recently achieved a legal triumph, securing the dismissal of a lawsuit filed by a Bankruptcy Trustee against their client. The case centered on a 2018 contract related to a sanitation project in New York, from which the Trustee sought to recover funds despite the debtor’s clear breaches of contract. The team’s strategic arguments highlighted flaws in the lawsuit’s foundation, leading to its dismissal and protecting their client from further liabilities linked to the debtor’s failures.
Mandelbaum Barrett PC Victorious In Motion To Transfer Venue
March 1, 2024
Mandelbaum Barrett PC currently represents the DIP Lender in a bankruptcy case in Washington DC. The DIP Lender called a default after uncovering evidence that insiders of the DC-based debtor fraudulently overstated invoices and diverted contracts, employees, and assets to a related company in Virginia. After Mandelbaum, on behalf of the DIP Lender, sought injunctive […]
Mandelbaum Barrett PC named to 2024 Best Law Firms
November 9, 2023
Mandelbaum Barrett PC is thrilled to announce that once again we have been recognized by Best Lawyers on their “2024 Best Law Firms®” list! This recognition highlights the ongoing excellence of our dedicated team of attorneys, underscoring our unwavering commitment to providing top-notch legal services and ensuring client satisfaction. We take pride in the fact that 16 of our practice […]
Bankruptcy and Creditors Rights Group Achieves Multiple Successes for Clients Using Various Exit Strategies, Led by Partner Vincent J. Roldan
July 12, 2023
Busy start to the summer for our Bankruptcy and Creditors Rights group, especially Partner Vincent J. Roldan. This week, he argued a contested confirmation hearing in the RTW Construction case (Bankr. D.N.J. 21-18595). The court overruled objections and stated it will confirm the Debtor’s Chapter 11 plan of reorganization. In the past couple of weeks, […]
