Creditors' Rights &Bankruptcy

Representing corporate and individual debtors in various bankruptcy proceedings in New Jersey, New York, and throughout the United States, the law firm of Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P.C. is a preeminent legal resource in this practice area, underscored by recent successes in a number of large bankruptcy cases.  The firm's Bankruptcy Department helps businesses and individuals in restructuring their debt, using out-of-court workouts and the bankruptcy court to achieve creative and customized results.

Carella Byrne represents secured and unsecured creditors and unsecured creditors' committees in manufacturing and hedge funds, Chapter 11s, and Chapter 7s.  In addition, the firm has represented plan proponents in successful Chapter 11 reorganizations.  Carella Byrne has extensive experience assisting creditors and counter-parties in litigation concerning the assumption and rejection of multimillion dollar executor contracts, and works to develop approaches that lead to the preservation of a significant tax net operating loss carry-forward for corporate debtors.

The firm's bankruptcy team assists parties in automatic stay litigation, contested cash collateral hearings, and contesting disclosure statement and plan confirmation hearings before the bankruptcy court.  Attorneys at Carella Byrne have also prosecuted and defended avoidance and non-dischargeability actions.  Notably, the firm has served as local counsel to several large creditors in "mega" bankruptcy cases, including several California municipalities and the Enron bankruptcy matter before the U.S. District Court for the Southern District of New York.

Representative cases:

  • In re Ponderosa Pine Energy Partners, Ltd., Case No. 05-21444 (U.S. Bankr. Ct., D.N.J.)
  • In re HOM Liquidation, f/k/a Hit or Miss, Inc., Case No. 00-41272 (U.S. Bankr. Ct., D.N.J.)
  • In re Brisar Industries, Inc., Case No. 09-38357 (U.S. Bankr. Ct., D.N.J.)
  • In re Deli Stars, LLC, Case No. 07-28378 (U.S. Bankr. Ct., D.N.J.)
  • In re Kara Homes, Inc., Case No. 06-19626 (U.S. Bankr. Ct., D.N.J.)
  • In re Lion Plastics North, Inc., f/k/a Lions Plastics, Inc., Case No. 04-30957 (U.S. Bankr. Ct., D.N.J.)
  • In re Anaconda Opportunity Fund, LP, Case No. 05-44206 (U.S. Bankr. Ct., D.N.J.)