Boylan Code has a well-respected practice in the areas of loan workouts and restructurings, bankruptcy, commercial litigation and secured transactional services with special emphasis on the representation of lenders, commercial creditors and businesses in bankruptcy proceedings, loan restructures foreclosures and collections. Our firm provides a full array of legal services, from restructuring problem loans to foreclosing secured loans to collecting all amounts due to our clients. Boylan Code has vast experience representing creditors, creditors’ committees and debtors in matters including debt restructuring; foreclosures; Chapter 7 and 11 proceedings; lender liability issues; commercial and retail collections; evictions; and tax issues.
We regularly and successfully represent lenders in complex Chapter 11 proceedings throughout New York and in non-bankruptcy workout or restructures both in and out of state. For example, we represented a secured lender in a $15,000,000 commercial mortgage foreclosure and Chapter 11 reorganization against the owners of a large downtown shopping mall and office building located in Rochester, New York.
Boylan Code is uniquely situated to assist creditors in the recovery of assets in a Bankruptcy setting. Our firm combines years of experience and considerable depth of personnel to be able to offer clients superior representation. There are six attorneys and two paralegals who handle bankruptcy related matters. Three of our attorneys, cumulatively, have over 100 years of experience practicing before the Bankruptcy Courts in New York State. Two of our attorneys previously served as trustees in the Western District Bankruptcy Court and, as a result, are well acquainted with and are well known and respected by the judges and personnel of those courts. Having handled creditor representation in a wide variety of bankruptcy matters provides detailed knowledge in addressing new creditor problems, whether it is secured creditors attempting to recover collateral or assisting in reorganizing in a way favorable to a lender’s position. We have represented banks, ESOPs, hedge funds, creditors’ committees, and bankruptcy trustees in many high profile bankruptcy cases such as Kodak, Midtown Plaza, Interco Systems, Bristol Harbor, Valentown Museum, Round Table Pizza, Appleridge Retirement Community, Freedom Village, Sykes Datatronics, Marjax, and Conlon Industries. Boylan Code has experience in representing governmental lenders in bankruptcy recovery situations, including New York State, City of Rochester, County of Monroe, and Grand Prairie, Texas, and has particular expertise in Chapter 11 asset dispositions through bankruptcy court approved liquidations. This frequently can allow a successor entity to acquire the distressed business venture cleansed of debt and able to continue operations and the corresponding jobs in the area. Boylan Code has arranged for such dispositions in three Finger Lakes region cases: Shepard Niles, Davenport Machine and Hudson Hotels. Additionally, the department has broad experience in business transfers through the use of Article 9 of the UCC. This broad experience in the field allows Boylan Code attorneys to provide accurate, quick advice in debt recovery matters. We have represented Canandaigua National Bank & Trust Company in numerous real estate developer bankruptcies and workouts. Department members are frequent lecturers for the New York State and Monroe County Bar Associations on bankruptcy and debt collection topics, and one of our attorneys currently serves as Chair of the MCBA Bankruptcy Law Committee. For many years, two of our creditors’ rights attorneys have been listed in “The Best Lawyers in America” for their bankruptcy expertise, and one was named Outstanding Bankruptcy Lawyer of the Year for Rochester for both 2013 and 2014. Boylan Code also boasts two Upstate New York “Super Lawyers” in the category of Bankruptcy and Creditors’ Rights (out of only 5 total in Rochester). Attorneys in our creditors’ rights department work closely with attorneys in our litigation department on contested matters.
Our goal is to get our clients the money they are owed, so we recognize that all of our automation and efficiency is meaningless if we do not collect on a file. Toward that end, we conduct thorough asset searches on all judgment debtors and boast a recovery rate on collections files that we believe is second to none.
Through our efforts in 2003, the Monroe County Sheriff’s Department, Civil Division, received the two highest poundage fee awards it ever has collected. We have extensive experience pursuing and enforcing judgments in actions where accounts receivable have been pledged as security; similarly, we have extensive experience locating and executing against collateral held by unsecured judgment debtors. Our collection department employs state-of-the-art collections electronics and software and has created a virtually paperless system where nearly all routine file work is handled electronically and matters, once entered, are calendared for reminder, and status reports noting fees expended and amounts collected to date are generated automatically. Similarly, based upon initial input data, demand letters, pleadings and motions and enforcement documents are generated with minimal effort (and increased efficiency) on forms we have created to best serve our clients. Since we create the forms into which the file specific information is merged, our forms can be tailored to fit contractual provisions unique to a specific client.
Despite our automation, however, all matters receive the scrutiny and approval of an attorney before they are filed with any court. Our expertise and practice extends to commercial and retail collections and, if contested, any matter easily can be handled by one of our several litigation attorneys.
Boylan Code maintains one of the pre-eminent foreclosure practices in Western New York. Over the past ten years, our firm has prosecuted commercial mortgage foreclosure actions involving in excess of $200 million in loans for a variety of regional, national and international lenders. At least two cases in which we have successfully represented a lender have generated standard setting appellate decisions for the points of law in issue. We are capable of handling large, complex foreclosures of commercial and industrial property as well as simple residential foreclosures. We routinely have receivers appointed and work closely with receivers to manage a client’s asset during the foreclosure process. Additionally, our experience with property managers throughout the Upstate New York region permits us to assist clients in the selection of a property manager/receiver for their secured property. Our lead foreclosure attorney is a frequent lecturer in seminars relating to foreclosures and workouts. We are willing and capable of working in all Upstate regions of New York State.