CREDITORS' RIGHTS
Generally
In
his practice as a creditors' rights attorney, Mr. Lombardo takes a pro-active approach
to assisting clients in the protection of rights against
debtors. Mr. Lombardo regularly represents creditors in claims filed in proceedings commenced in
Bankruptcy Court not only in the Buffalo, New York area but also as Pro Hac Vice counsel in other jurisdictions overseeing the prosecution or defense of
proceedings in various venues, including participation in meetings of
creditors, conducting
evaluations of and objecting to plans filed under Chapter 13 and
Chapter 11 of the Bankruptcy Code, seeking relief from
the automatic stay, pursuing challenges to a debtor’s discharge, and
defending
against preferential transfer claims.
Relevant Experience
Oversees litigation in the United States in various venues on behalf of a multinational corporation.
Actively
participated in several related Chapter 11 proceedings on behalf
of an insurance company resulting in the conviction of a debtor
for Bankruptcy fraud.
Assisted clients in the acquisition of assets from in both Chapter 11 and Chapter 7 cases.
Co-counsel
to an insurance company to further secure its position and
collateralize its claim with respect to construction project bonds.
Successfully
opposed an application by a lender providing Chapter 11 financing
against a super priority lien adversely affecting a
warehouseman lien.
Negotiated successful settlements
on behalf of various clients in connection with preferential transfer
claims, including the vacatur of a judgment taken by a Chapter 7
Trustee followed by a favorable settlement of the claim.
Obtained the dismissal of a preferential transfer claim initiated against a foreign creditor based on jurisdictional grounds.
Successfully obtained orders converting proceedings initiated under Chapter 11 to cases under Chapter 7.
Acted as local counsel to a large labor union challenging the procedure
established for the sale of assets in a Chapter 11 proceeding.
Obtained a
judgment, following a trial and appeal, dismissing a claim filed
against a company that had conducted business with the debtor prior to
the filing of a Chapter 11 proceeding.