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Bankruptcy Litigation

In any business it can be very challenging when your client, your customer, your insured, your borrower, your lessee, your sub-contractor, your vendor or any other business "partner" files for bankruptcy.

Suddenly, new rules apply to your business relationship because you and your partner now have different rights and obligations, vis-à-vis each other. Successfully navigating this change of landscape is critical to making the most of a difficult situation. Marshall Dennehey's bankruptcy attorneys have the experience to help you do just that.

Drawing on over 25 years of experience handling various bankruptcy matters, our attorneys look for the best solutions to ensure that your interests are protected and that you are able to maximize your opportunities in any bankruptcy situation.

There is no limit to the types of industries or entities that bankruptcy can affect. As such our bankruptcy attorneys represent a diverse spectrum of clients. These include businesses of all types: individual creditors, commercial creditors, banks, mortgage servicers, auto finance companies, debt collectors, car-rental companies, taxing authorities, municipal entities, insurance carriers, insurance brokers, construction companies, and corporate directors and officers.

Marshall Dennehey attorneys regularly represent and defend clients in all categories of bankruptcy-related litigation, including:

  • Avoidance proceedings
  • Preference actions
  • Fraudulent transfer claims
  • Actions to determine the validity or extent of liens
  • Actions to turn over property
  • Violation-of-stay and violation-of-discharge-injunction proceedings
  • Contract disputes
  • Insurance coverage disputes
  • Equitable subordination actions
  • Director and officer claims
  • Consumer-protection claims (such as claims under the FDCPA, TILA, and TCPA)
  • All other types of adversary actions


We also provide a wide range of other services necessary to protect and enforce the rights and interests of our clients who find themselves as creditors in a bankruptcy. Routinely, we advise our clients of the impact of bankruptcy events on their rights and obligations, as well as their business options resulting from such events. Among the services we provide are:

  • Analyzing the likely recovery through bankruptcy
  • Preparing, filing and defending proofs of claims
  • Obtaining relief from the automatic stay or from any discharge injunction
  • Securing adequate protection
  • Challenging the dischargeability of debts
  • Objecting to reorganization plans


With offices in both Wilmington, Delaware and New York, New York, Marshall Dennehey has a strong presence where the largest corporate bankruptcies are regularly filed. However, our geographic reach goes beyond these venues.

Marshall Dennehey has 20 offices throughout the east coast, with attorneys licensed to practice in neighboring jurisdictions. We are poised to efficiently see to your needs in no fewer than 10 states, and if need be, we are also able to partner with local counsel in other venues to provide you with nationwide representation. New York – New Jersey – Pennsylvania – Delaware – Ohio – Florida – Maryland – Connecticut – West Virginia – Kentucky.

Feb 17, 2017
Obtained a dismissal, with prejudice, of a legal malpractice claim where the plaintiff alleged the law firm violated the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA). The plaintiff brought a one-count complaint in the U.S....
Jan 22, 2016
. The defense prevailed on a motion to dismiss before the Bankruptcy Court for the District of New Jersey. The client was the loaner bank in an adversary proceeding wherein the plaintiff, as co-signer of pre-petition loans, asserted allegations...
Defense Digest Article December 1, 2016
Defense Digest, Vol. 22, No. 4, December 2016   By Gregory W. Fox, Esq.* No matter the industry, it can be very challenging when any person or entity integral to your business files for bankruptcy. Whether it is your client, your customer,..., Defense Digest, Vol. 22, No. 4, December 2016. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Defense Digest Article December 1, 2016
Defense Digest, Vol. 22, No. 4, December 2016   By Stephen M. Wagner, Esq.* Key Points: Excess D&O liability insurance not triggered absent payment of limits of liability of underlying policies. Excess D&O insurance..., Defense Digest, Vol. 22, No. 4, December 2016. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
January 5, 2016
Marshall Dennehey Warner Coleman & Goggin announced today the launch of a Bankruptcy Litigation Practice Group within the firm's Professional Liability Department. Attorneys in the practice group will counsel and defend clients in all aspects of bankruptcy-related litigation and protect the...
Conference Apr 5, 2017
Gregory Fox will be moderating on the topic "Insurance Defense Professional Guide to Bankruptcy".  Bankruptcy is often viewed as a roadblock in litigation.  But it need not be an impediment and may be advantageous to the defense...

Additional Contacts

Gregory W. Fox
Shareholder
(215) 575-2827
gwfox@mdwcg.com

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