Bankruptcy/Creditors’ Rights and Receivership

Utilizing the skill and expertise of firm partner Jim Silver as department head, Conrad Scherer provides legal representation in the area of Bankruptcy, Creditors’ Rights, and Receivership. Working with a wide variety of sophisticated clients, complex insolvency issues are addressed with speed, experience, and acumen.

The firm provides representation in the Bankruptcy, Creditors’ Rights and Receivership areas, including, secured creditors, unsecured creditors, banks and other financial institutions, potential assets acquirers, bankruptcy committees, bankruptcy trustees, liquidating trustees, court appointed receivers in connection with Securities and Exchange Commission (SEC) enforcement actions and ancillary litigation on behalf of the receiver, and lenders and borrowers in commercial foreclosures and workouts.  The firm also undertakes cases involving fraud matters, including fraud litigation and asset tracing, with the assistance of forensic accountants who can be engaged to assist in the matter. 

Conrad & Scherer represents clients in the prosecution and defense of preference and fraudulent transfer litigation, as well as objections to bankruptcy discharge and proceedings to determine that certain debts are non-dischargeable due to fraud or other misconduct.  Conrad & Scherer generally does not undertake representation of consumer debtors as its representation in the bankruptcy and creditors’ rights areas is more focused on commercial matters, including business bankruptcies and business related insolvency matters. 

In 2006, Mr. Silver was appointed Receiver by the U.S. District Court for the Middle District of Florida in connection with a Securities and Exchange Commission (SEC) Enforcement Action involving a $20 million plus Ponzi scheme and the fraudulent sale of unregistered securities.  

Jim Silver’s past work as a Receiver is particularly beneficial to firm clients as he contributes extensive knowledge in such areas as fraud investigation and litigation, marshaling assets, enforcement of asset freezes and related contempt of court matters, and asset tracing.  With the strength of Conrad & Scherer’s varied areas of practice, clients are also able to strategize and plan using the insight and guidance of firm attorneys whose expertise and experience is focused upon related areas of the law, such as directors and officers liability, and complex breach of contract litigation. 

Financial crises create problems that run the gamut, and some may be resolved outside of the bankruptcy court.  Conrad Scherer works with clients in both bankruptcy proceedings as well as related adversarial matters in both state and federal jurisdictions, and also advises its clientele on alternatives designed to avoid the courtroom, should these options be in the client’s best interests.