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Daniel R. Wotman & Associates, LLC conducts all phases of corporate chapter 11 reorganizations from meticulous computer generated preparation of the bankruptcy filing to negotiating favorable settlements with pre-petition secured lenders on mortgage and equipment obligations, rental obligations to landlords, pension and welfare payments to unions and final distributions to unsecured creditors. We have negotiated for Debtors court and creditor approved critical post petition financing arrangements and necessary accounts receivable factoring that have allowed Debtors the necessary cash flow for operations to continue during the initial difficult stages of the chapter 11 case. The firm has regularly and successfully won numerous litigated matters before the U.S. Bankruptcy Courts, including staying burdensome litigation in other courts, defeating attempts by creditors to lift the automatic stay to obtain possession of the debtor's properties and defeating early attempts to liquidate the Debtor's assets.

We are instrumental in streamlining operations during the chapter 11 case, without losing business by reason of the bankruptcy. We have obtained the necessary time from the Bankruptcy Court and the Creditors to enable the Debtor to eventually become profitable again and generate sufficient cash flow to propose, confirm and fund a plan of reorganization providing for the fair and equitable payments to all creditors. We will make every effort to assist Debtors to achieve the "fresh start" goals underlying the United States Bankruptcy Laws to emerge from bankruptcy as viable profitable business enterprises. We also have been instrumental in locating in the financial and business community investors to fund plans of reorganization or the acquisition of assets by third parties. The firm also conducts chapter 11 reorganizations, chapter 13 rehabilitations and chapter 7 liquidations on behalf of individual debtors.

The firm also actively represents creditors and creditors' committees in connection with Chapter 7, 11 and 13 cases.

Key Benefits of Representation of Behalf of Lenders

  •  Knowledgeable Review and Analysis of all Bankruptcy Filings by Mortgagor & Prospects for Recovery by Mortgagee

  • Vigorous Prosecution of Involuntary Bankruptcy Petitions against Debtors

  • Effective Conduct of Motions to Lift Automatic Stay to Permit Foreclosure to Proceed Forward, including Thorough Motion Papers, Updated Memorandum of Law and Comprehensive Appraisal Report Presentation to Court

  • Meticulous Preparation and Conduct of Direct Examination of Mortgagee's Appraiser and Precise Cross Examination of Mortgagor's Appraiser

  • Conduct of Rule 2004 Examinations of Debtors

  • Productive Litigation of Lenders' Rights to Cash Collateral and Adequate Protection

  • Assumption or Rejection of Executory Contracts and Unexpired Leases

  • Constructive Negotiation and Completion of Post Petition Financing Arrangements to Allow Debtors to Emerge From Chapter 11

  • Forceful Prosecutions of Debtors for Fraud and Embezzlement

  • Recover Voidable Preferences and Fraudulent Conveyances

  • Prosecution of Turnover Proceedings

  • Procure Substantive Consolidation of Related Non-Debtors with Debtors' Estates

  • Enforcement of Lenders' UCC Article 9 Security Interests in Debtors' Personal Property

  • Obtain Dismissal of Debtors' Petitions for Bad Faith Filings

  • Enforcement of and Objections to Proofs of Claims

  • Representation on Creditors' Committees & Meetings of Creditors

  • Objections to Discharge Litigation

  • Review and Analysis of Disclosure Statements

  • Negotiation and Confirming Debtors' Plans of Reorganization

  • Productive Litigation over Cram Down Provisions in Debtors' Plans of Reorganization

  • Practical Creditor Plans of Reorganization

  • Conversions of Debtors' Chapter 11 and 13 Cases to Chapter 7 Liquidations (When Required)

  • Conduct of Appeals from Bankruptcy Court Decisions

  • Thorough and Comprehensive Litigation over Issues Regarding Abstention of Bankruptcy Courts in Favor of Prior Pending Litigations and Subject Matter Jurisdiction of Bankruptcy Courts

    Representative Bankruptcy Cases

  • In re Kenneth E. Tureaud, U.S. Bankruptcy Court, N.D. Okla. 1983 (defense of oil and gas and real estate financier against involuntary liquidation and criminal contempt proceedings in Oklahoma federal district and state courts in connection with collapse of Penn Square Bank resulting in conversion to voluntary reorganization case, upholding of assertions of Fifth Amend­ment privilege and dismissal of criminal contempt; conduct of subsequent Chapter 11 reorganization).

  • In re Hardwicke Companies, Inc., U.S. Bankruptcy Court, S.D.N.Y. 1985 (assisted in preparation of debtor's plan of reorganization providing for issuance of new common and preferred stock of new corporation in satisfaction of most existing claims).

  • In re Marina Enterprises, Inc., U.S. Bankruptcy Court, S.D. Fla. 1983 (representation of debtor-in-possession in Chapter 11 engaged in real estate business in Atlantic City, New Jersey).

  • In re Wickes Companies, Inc. ("WCI"), U.S. Bankruptcy Court, Cal. 1983 (representation of Allegheny Beverages Corp., largest common shareholder of WCI).

  • In re Gillespie & Co. of New York, Inc., U.S. Bankruptcy Court, S.D.N.Y. 1983 (representation of creditors' committee).

  • In re Mandel & Corsini, U.S. Bankruptcy Court, S.D.N.Y. 1984 (representation of trustee in Chapter 11 reorganization).

  •  In re Parkchester General Hospital, U.S. Bankruptcy Court, S.D.N.Y. 1984 (representation of trustee in Chapter 7 liquidation).

  •  In re Manville Corp., U.S. Bankruptcy Court, S.D.N.Y. 1983 (representation of Wells Fargo Bank in Chapter 11 reorganization).

  •  In re Futuronics Corp., U.S. Bankruptcy Court, S.D.N.Y. 1983 (representation of debtor-in-possession in Chapter 11 reorganization).

  •  In re D.H. Overmyer Co., Inc., U.S. Bankruptcy Court, S.D.N.Y. 1983 (representation of debtor-in-possession in Chapter 11 reorganization).

  •  In re The National Sugar Refining Co. 1983 (representation of debtor in connection with general financial rehabilitation).

  •  In re Jackson Engineering Co., Inc. 1983 (representation of debtor in connection with common law workout with creditors and Chapter 11 proceedings).

  •  In re Sheldon Friedlich Marketing 1984 (representation of debtor in connection with general financial rehabilitation).

  •  In re International Capital & Development Corp., U.S. Bankruptcy Court, S.D.N.Y. 1984 (representation of debtor and conglomerate of subsidiaries and affiliated companies in connection with attempt by creditors to force subsidiaries and affiliated companies into Chapter 11 proceedings).

  •  In re PacAmOr Bearings, Inc. 1987 (representation of debtor in restructuring agreements with Senior Secured Creditors, Sub­ordinated Lenders and preferred and common stockholders).

  •  Primary responsibility for Non-Judicial Liquidation of Seicom Hattori Business Systems, a wholly owned sub­sidiary of Seicom Business System, 1987.

  •  In re Frontier Airlines, 1987 (representation of United States Trust Company of New York as trustee for bondholders).

  •  In re New Media Services Corp., U.S. Bankruptcy Court, S.D.N.Y. 1989 (conduct of Chapter 11 reorganization of advertising agency).

  •  In re Sandhurst Securities, U.S. Bankruptcy Court, S.D.N.Y. 1989 (conduct of Chapter 11 reorganization of retail securities brokerage firm).

  •  In re Realistic Printers Corp. U.S. Bankruptcy Court, S.D.N.Y. 1989 (assist in conduct of chapter 11 reorganization for commercial printing company).

  •  In re 551 West 175th Street Realty Corp., U.S. Bankruptcy, S.D.N.Y. 1991 (representation of residential real estate owner of rent stabilized apartment building in chapter 11 reorganization case).

  •  In re Bill-Ide, Inc., U.S. Bankruptcy Court, S.D.N.Y. 1990 (conduct of chapter 11 reorganization of restaurant).

  •  In re Borden Farm Development Associates, U.S. Bankruptcy, S.D.N.Y. 1991 (conduct of chapter 11 reorganization for residential real estate development project).

  •  In re Susquehanna Realty Associates, U.S. Bankruptcy E.D. Pa. 1991 (conduct of chapter 11 reorganization for residential real estate development project).

  •  In re F.B. Sponsors Corp., U.S. Bankruptcy, S.D.N.Y. 1991 (conduct of chapter 11 reorganization for sponsor of co-operative apartment complex).

  •  In re Seaport Lines Management Corp., U.S. Bankruptcy, S.D.N.Y. 1991 (conduct of chapter 11 reorganization for operator of catering and excursion business).

  •  In re Joint Venture, U.S. Bankruptcy Court, S.D.N.Y. 1991 (representation of petitioner in chapter 11 involuntary filing over partnership entity that conducted excursion tour operations from South Street Seaport).

  •  In re Amdura Corporation, U.S. Bankruptcy, D. Colorado 1991 (representation of large personal injury claimant against debtor).

  •  In re Thomas Lukas, U.S Bankruptcy, E.D.N.Y. 1991 (representation of large unsecured creditor in reorganization case for attorney).

  •  In re Sam's Associates L.P., U.S. Bankruptcy Court, S.D.N.Y. 1991 (representation of residential real estate developer in common law workout and preparation for chapter 11 filing).

  •  In re 19th Street Associates II, L.P., U.S. Bankruptcy Court, S.D.N.Y. 1991 (representation of residential real estate developer in common law workout and preparation for chapter 11 filing).

  •  In re Bottom Associates II, L.P., U.S. Bankruptcy Court, S.D.N.Y. 1991 (representation of residential real estate developer in common law workout and preparation for chapter 11 filing).

  •  In re Northport Marina Associates, U.S. Bankruptcy Court, E.D.N.Y. 1992 (representation of general partner in chapter 11 proceedings for general partnership engaged in development, operation and sale of dockiminium on North Shore of Long Island).

  •  In re Cinecom Entertainment Corp., U.S. Bankruptcy, S.D.N.Y. 1992 (representation of secured lender in chapter 11 reorganization of motion picture company).

  •  In re MacMillan Publishing Company, U.S. Bankruptcy Court, S.D.N.Y. 1992 (representation of primary transportation company for book publishing company during chapter 11 case).

  •  In re Excell Wood Products, U.S. Bankruptcy Court, N.J. 1992 (representation of Federal Deposit Insurance Company as successor-in-interest to Toms River Bank, secured creditor in chapter 7 case of manufacturer of kitchen cabinets).

  •  General Bankruptcy Advice to Federal Deposit Insurance Company in a variety of matters.

  •  In re Barker Brothers, U.S. Bankruptcy Court, S.D. California 1992 (representation of health plan insurance provider in chapter 11 case of manufacturing company).

  •  In re Furrari, U.S. Bankruptcy Court, S.D.N.Y. 1992 (representation of large secured creditor in chapter 11 case of fur distributor.

  •  In re Gene Barry One Hour Photo, Inc., U.S. Bankruptcy, S.D.N.Y. 1993 (representation of debtor in chapter 7 liquidation).

  •  In re Sofikon Realty, Inc., U.S.Bankruptcy, S.D.N.Y. 1994 (representation of debtor in chapter 11 reorganization of real estate residential apartment complex).

  •  In re S.S.S., Inc., U.S. Bankruptcy, E.D.N.Y. 1994 (representation of debtor in chapter 11 reorganization of real estate residential apartment complex).

  •  In re Spectrum Technologies, Inc., U.S. Bankruptcy, E.D.N.Y. 1996 (representation of equity security holders in chapter 11 reorganization of computer company).

  •  In re Bower & Gardner, U.S. Bankruptcy, S.D.N.Y. 1996 (representation of former senior partner in wind up of defunct law firm).

  •  Preparation of Bankruptcy Sections of Prospectus for Initial Public Offerings (1983-1984).

  •  Representation of Individuals and Companies in Common Law Workouts with Creditors.

  •  Representation of Individuals in Chapter 11, 13 and 7 Cases in U.S. Bankruptcy Courts, E.D.N.Y and S.D.N.Y.

 

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Last modified: 09/09/04