SAIBER LLC

Saiber LLC

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BANKRUPTCY AND CREDITORS' RIGHTS

The Bankruptcy and Creditors' Rights practice at Saiber combines the firm’s expertise in a wide variety of legal specialties -- corporate, real estate, lending, environmental, finance and taxation -- with a thorough understanding of the Bankruptcy Code to achieve the best possible outcome for our clients. Our Bankruptcy and Creditors' Rights practice group has the litigation skills, transactional background and bankruptcy expertise necessary to understand the interplay of these disciplines in insolvency matters. We are sensitive to the challenges facing both large and small businesses in an uncertain, volatile economy and our attorneys remain in constant contact with our clients to ensure that their matter is being handled in an efficient and cost-effective manner.

Although the practice group has extensive experience in working with businesses in financial distress, the practice focuses on aggressive creditor representation. Our clients include both local and multi-state commercial banks and thrifts, out-of-state banks with operations in New Jersey, major life insurance companies and other financial institutions. The group engages in creative restructuring of existing lending facilities and in all phases of creditor/debtor litigation with an active practice in the bankruptcy courts as well as other federal and state courts where related issues, such as mortgage foreclosures and lender liability, must be resolved

The practice areas regularly covered by Saiber include:

Asset Recovery and Foreclosure
We represent secured creditors in all aspects of asset recovery. We take advantage of specialized techniques to locate, seize and sell personal property with a concentration in recovery of accounts receivable proceeds, inventory and equipment. We similarly maintain an on-going real estate foreclosure practice and take pride in the utilization of procedures to minimize delays and costs in enforcing our clients' rights against real property. We are active in bankruptcy courts seeking relief from stays, enforcing liens against collateral and defending against proposed "cram-down" plans.

Loan Restructuring
We represent lenders in resolving their loan workouts with restructuring geared to the needs of these transactions. We take particular pride in our ability to find creative solutions in situations where the parties have otherwise reached an impasse. We have experience with a wide variety of sophisticated techniques, including, for example, participation and revenue sharing arrangements, conditional deeds in lieu of foreclosure, entity restructurings with third party turn-around experts, assets swaps and security enhancement. Our counseling takes into account the consequences of potential bankruptcies and applicable lender concerns related to, for example, fraudulent conveyances, preferences, lender liability and foreclosure related issues.

Chapter 11 Representation
We have represented secured creditors and unsecured creditors, debtors and creditors committees in Chapter 11 proceedings. We are experienced in all aspects of the bankruptcy practice.

Landlord Representation
We have extensive experience in representing landlords involved in litigation with debtor tenants seeking to assume or reject leases, particularly shopping center leases, through the bankruptcy court.

Creditors' Defense Representation
We maintain an active representation of creditors in responding to lender liability, preferential transfer and fraudulent conveyance actions.

Trustee Representation
Saiber represents financial institutions who act as fiduciaries in bankruptcy matters. For example, we have been counsel to a New Jersey bank acting as trustee for a multimillion dollar bond issue secured by the, sale and leasing of a fleet in excess of 60 aircraft. In that bankruptcy case, we worked in conjunction with a proposed buyer/plan proponent to obtain confirmation of a reorganization plan over the objections of various parties, including the debtor an another proposed purchaser.

Saiber attorneys practicing in this area include:

One Gateway Center 13th Floor Newark New Jersey 07102-5311
Voice: 973.622.3333 Fax: 973.622.3349 Email: info@saiber.com