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Corporate & Bankruptcy

Commercial Bankruptcy Litigation

You shipped goods, extended credit, or provided services to a business that is now in bankruptcy, and the question has shifted from whether you will be paid to where your claim will rank.

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01 GUIDE

Commercial Bankruptcy Litigation: what usually happens

Where your claim sits in line

Commercial bankruptcy litigation often comes down to priority. Secured claims are paid from their collateral, expenses incurred during the case are generally paid ahead of most pre-filing claims, and general unsecured claims share what remains. Suppliers who delivered goods in a short period before the filing may hold an administrative claim for some of that value, and sellers may have reclamation rights if they act quickly, so shipping records matter. A creditor that also owes the debtor money may have a right of setoff, but exercising it generally requires the court's permission first.

Claim objections and fights among creditors

Filing a proof of claim does not end the matter, because the debtor, the trustee, or another creditor can object, and the objection becomes a contested proceeding. Disputes arise over the amount, the documentation, whether a claim is secured, and whether it should be pushed behind other claims because of inequitable conduct or recast as an equity interest. Creditors also litigate against each other over lien priority and intercreditor agreements, and those disputes can shape the whole case. Keep the contracts, invoices, delivery confirmations, account statements, and correspondence that show both what was owed and how it was secured.

Settling the deadlines first

We look at the size of the claim, the case's likely distribution, and whether the claim faces challenges that justify the cost of litigating. A claims bar date sets a deadline to file, and missing it can cut off recovery, so that notice should never sit unopened. Where a creditor is also facing a preference demand from the same estate, the two are often negotiated together. If the debtor is selling its business, check whether your contract is being assigned to the buyer, since that can change what you are owed and by whom. In a first meeting we confirm the deadlines, the priority arguments available to you, and what level of involvement the case is worth.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

Client-centered service across jurisdictions

Global Coordination & Expertise

We deliver coordinated and effective legal services to our clients, utilizing our extensive legal resources and experienced attorneys in our well-integrated global network. Through our Washington D.C. and New York offices, together with our alliance

Multilingual & Cross-Border Communication

Our attorneys are experienced in both domestic and international matters and, with fluency in various languages, provide clear and consistent communication at every stage of your legal process.

Client-Centered Approach

Client service lies at the heart of our operations. From the initial consultation, we prioritize understanding your situation, listening to your goals, and providing regular updates and strategies tailored to your individual case.

Multidisciplinary & Efficient Solutions

Our multidisciplinary approach and established processes enable us to address cross-border challenges with efficiency.

06 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

285 Fulton Street, New York, NY 10007
(855) 529-7557

Washington, D.C.

Suite 985, 1717 K Street NW, Washington, DC 20006
(855) 529-7557

Los Angeles

1901 Avenue of the Stars, Suite 820, Los Angeles, CA 90067
(424) 561-7557

Attorney Advertising. This page is general information about commercial bankruptcy litigation and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.