Deily, Mooney & Glastetter, LLP
Deily, Mooney & Glastetter, LLP
8 Thurlow Terrace
Albany, New York 12203
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Tel: 518-436-0344
Fax: 518-436-8273
Contact: Jonathan D. Deily

Creditors' Rights & Bankruptcy

Deily, Mooney & Glastetter represents secured and unsecured creditors in all Bankruptcy Courts in which our attorneys are admitted (New York, Massachusetts, Rhode Island, New Jersey, Pennsylvania, District of Columbia, Vermont, Connecticut and Kentucky), and in other jurisdictions (such as Maine, New Hampshire, Delaware, Ohio and Indiana) by permission of the court. We are vigorous advocates for creditor interests, and use our knowledge of finance documentation and credit policies to help our clients secure adequate protection or recovery of their collateral and the appropriate treatment of their claims.

In addition to creditors' rights representation, our firm is actively engaged as counsel to bankruptcy trustees and creditors' committees. We also represent some commercial debtors, as well as consumer debtors under pro bono programs sponsored by local organizations.

Case Management Strengths

We understand our clients’ business needs and provide personal attention to bankruptcy proceedings over an extended geographic area. We try cases ourselves, and use local counsel for court appearances only on routine matters. This strategy makes case management more predictable and more efficient -- a distinct advantage to our clients in today’s competitive marketplace. Our lawyers emphasize direct daily communication with clients, and use state-of-the-art electronic technology as a tool to make our interaction with court and client more efficient.

Bankruptcy Court Representation - Creditors

Through our regional offices located in Upstate New York, and in the Boston and Philadelphia areas, we have established a practice focused on the interests of institutional creditors in the Bankruptcy Courts. Our lawyers have in-depth experience in the protection of creditors' rights in business and consumer bankruptcy cases, working on their behalf to:

Solicit Reaffirmation Agreements.
Defend the interests of the secured creditor in Chapter 11, 12, and 13 reorganization plans, and aggressively assert the valuation of secured claims through negotiation and litigation.
Litigate disputes involving non-dischargeability, claim objections, executory contract and other issues to enforce and secure the rights of creditors and defendants involved in such disputes.
Pursue relief from the automatic stay and work to resolve delays prejudicial to the creditor when debtors default in contractual payment, or in plan payments in Chapter 11, 12 or 13 bankruptcies.
Prepare and file Proofs of Claim.
Contest debtor efforts to redeem the secured creditor’s collateral in Chapter 7 proceedings.
Enforce the collection of tax claims held by municipal entities.
We are currently engaged in actively litigating on behalf of creditor clients a number of significant issues arising from the 2005 amendments to the Bankruptcy Code.
Bankruptcy Court Representations – Other Interests

Our bankruptcy representation is not confined to the interests of secured creditors. We represent bankruptcy trustees and committees of unsecured creditors in the performance of their duties, such as:

Objections to claims.
Sales of estate property.
Investigation and litigation of executory contract, preference, and fraudulent transfer issues.
Investigation and litigation of attorneys fees issues.
Investigation and litigation of other issues dealing with property of the bankruptcy estate and the recovery of property for the estate.
Representation of unsecured creditors in objection to discharge actions
Based on our experience in these areas, we also represent the interests of defendants in these types of contested matters or adversary proceedings.

In addition, we are available to counsel and represent commercial debtors in instances where such representation would not conflict with our creditor client base or their interests.

Prior results do not guarantee a similar outcome.

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