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Bankruptcy

Medina Law Firm LLC has significant expertise in Bankruptcy representations of all types.  We have represented debtors, creditors, trustees and SIPC trustees, committees, commercial landlords, asset purchasers/bidders and other parties-in-interest in Bankruptcy cases across the United States.  The Firm has also defended parties in preference and fraudulent transfer litigation cases in the several significant bankruptcy cases. 

We have an active bankruptcy practice, serving as debtor's counsel in several new and groundbreaking bankruptcy cases. 

Bankruptcy can affect you and your business in many different ways.  If you are considering Bankruptcy or are a creditor of an individual or company in bankruptcy, what happens today can and often does affect your rights tomorrow.  The Firm counsels and represents its clients in several high profile cases  and is able to deliver results in even the toughest cases.

The Automatic Stay

Regardless of which chapter of the Bankruptcy Code applies, with certain limited exceptions, the filing of a Bankruptcy case triggers an injunction against any and all continued collection efforts by any creditor.  The injunction is known as the “automatic stay” and is meant to provide breathing room to individuals and businesses in Bankruptcy, called “debtors.”  Creditors that violate the automatic stay can be subject to harsh penalties and are well advised to cease all collection activity immediately.

Preferences and Fraudulent Transfers

As a consequence of the changing economic climate, more businesses and individuals are finding themselves the targets of "preference" and/or "fraudulent transfer" adversary lawsuits.  "Mega" bankruptcies and scandals like the Madoff and Stanford Ponzi schemes often leave disastrous financial losses in their wake.  Even worse, sometimes merely having done business with a client or broker can invite a lawsuit.  The Firm has unique expertise defending clients in preference and fraudulent transfer cases in Ponzi schemes and SIPC proceedings and can ensure its clients aggressive, results driven representation.