Reorganization & Bankruptcy

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NY Real Estate Commercial Litigation: Reorganization & Bankruptcy

 

Pen & Paper
Bankruptcy and reorganization proceedings are a powerful yet complex tool in commercial real estate litigation. In New York, where commercial properties carry significant financial and strategic value, the intersection of real estate and insolvency law often determines the future of distressed assets, stalled developments, and defaulted loan structures.

Understanding NY Commercial Real Estate Bankruptcy

Chapter 11 bankruptcy offers both property owners and developers an opportunity to restructure debt, renegotiate obligations, and preserve asset value. At the same time, creditors—including mortgage and mezzanine lenders, landlords, and joint venture partners—must act swiftly and strategically to protect their security interests and maximize recovery.

Key issues in real estate bankruptcy litigation include:

  • Automatic Stay Enforcement: Enforcement of the automatic stay and motions for relief that allow creditors to proceed with foreclosure or other remedies.
  • Executory Contracts and Leases: Treatment of executory contracts and commercial leases under 11 U.S.C. § 365.
  • Single-Asset Real Estate (SARE) Cases: Special rules and timing restrictions that apply to single-asset real estate bankruptcy filings.
  • Cramdown and Valuation Disputes: Litigation over property valuation and the confirmation of cramdown plans involving secured claims.
  • Priority Disputes: Conflicts between mortgage lenders, mezzanine lenders, equity holders, and other creditors over repayment priority.
  • Cash Collateral and DIP Financing: Disputes involving the use of cash collateral and debtor-in-possession (DIP) financing arrangements.
  • Fraudulent Conveyance and Preference Actions: Litigation involving prior property transfers or payments that may be recoverable by the bankruptcy estate.
  • Plan Confirmation Challenges: Objections related to feasibility, fairness, and compliance with bankruptcy law during plan confirmation.

Experienced New York Real Estate Bankruptcy Counsel

Real estate bankruptcies often involve highly contested litigation in Bankruptcy Court and parallel proceedings in state courts or arbitration forums. The legal and financial strategies deployed can determine whether a borrower retains control of a property or whether a creditor seizes, sells, or reorganizes it under court supervision.

At Schwartz, Conroy & Hack, PC, we represent stakeholders across the commercial real estate spectrum in reorganization and bankruptcy litigation, including property owners, developers, lenders, landlords, creditors’ committees, and investors. We advise on pre-bankruptcy planning, contested motions, adversary proceedings, and post-confirmation disputes.

Our approach combines litigation skills with a deep understanding of real estate finance and insolvency law, allowing us to navigate complex restructurings while safeguarding our clients’ positions.

If you are involved in a real estate-related bankruptcy or reorganization proceeding in New York, we are prepared to help you assert your rights and protect your investment.

CONTACT US

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5 star rating.

I'm ready to face whatever comes next.

When I started this process 2 years ago, I could scarcely dream of being where I am today. I can’t overstate how valuable the law office of Schwartz, Conroy...

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☆☆☆☆☆
5 star rating.

I'm ready to face whatever comes next.

When I started this process 2 years ago, I could scarcely dream of being where I am today. I can’t overstate how valuable the law office of Schwartz, Conroy, and Hack has been in helping me overcome a desperate time in my life.  Michail Hack and Christine Kingsley in particular worked diligently to understand my complex medical situation and then expertly advised me through my claim process. They are caring and dedicated individuals.  I credit their sound guidance for the financial security I have been blessed with after my claim was approved.  I've been able to focus my time and attention on my health and my cherished family.  So far, I’m beating the odds and doing much better than my doctors predicted.  From the bottom of my heart, THANK YOU for everything!  I'm ready to face whatever comes next.

5 star rating.

Professional, Honest, Realistic, Compassionate!

SCH - Sincerity, Compassion, Honesty! Over the past decade plus, (when I retained) starting with the initial phone call, and consultation, not being told they would guarantee a...

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☆☆☆☆☆
5 star rating.

Professional, Honest, Realistic, Compassionate!

SCH - Sincerity, Compassion, Honesty! Over the past decade plus, (when I retained) starting with the initial phone call, and consultation, not being told they would guarantee a successful outcome but being told they will fight on my behalf to the bitter end, left me feeling confident and comfortable that I had made the right decision. Over the years I've had the pleasure of interacting with many of the staff. To a person, they have all been professional and made me feel like family!!

Professional, Honest, Realistic, Compassionate! The firm is the epitome of those descriptive words.  My initial call to the firm over a decade ago - even prior to speaking to any attorney - was met with the upmost professionalism I have ever experienced dealing with any law firm. After my initial call, waiting for the attorney to return my call, I felt very comfortable retaining this firm. What I wasn't aware of at the time, was how honest they were, and how realistic they were in explaining my case to me. Whether or not, I would lose my case, I felt comfortable as well as knowing in my heart, they would fight to help me better than anyone else I could work with. Over the years, the staff, as a whole and everyone I've conversed with, has shown the utmost professionalism and compassion.

5 star rating.

Always Grateful

It is with great pleasure that I write this letter of recommendation to other prospective clients of Quadrino Schwartz. I was a practicing General Dentist for 15 years when I began to have trouble with neck and arm ...
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Long-Term Disability Insurance - Dentist - Florida
☆☆☆☆☆
5 star rating.

Always Grateful

It is with great pleasure that I write this letter of recommendation to other prospective clients of Quadrino Schwartz. I was a practicing General Dentist for 15 years when I began to have trouble with neck and arm pain. I was soon diagnosed with a Radiculopathy requiring rather invasive surgery. After exploring my surgical options and the risks associated, it was decided that I would take time off work to try to recover . My single doctor very busy practice simply could not stand to be left alone for more than a few weeks and the decision to sell the practice was made. Thinking that my disability policy would cover me during this time, I simply filled out the paperwork and submitted my claim. My insurance carrier did nothing for 6 months when they decided to simply deny my claim despite extensive medical documentation of my injury. I now knew I needed a lawyer to help me. Quadrino Schwartz was hired and Michail Hack took over my case. Despite me living thousands of miles away, from the very beginning his guidance was reassuring and he quickly developed a plan of action. The law firm continued to medically document my case, took over communication with the insurance company and let me concentrate on other things. After many phone conversations and countless letters written by the firm to my insurer, Quadrino Schwartz was able to obtain all of my benefits for me including 2 years of back pay. What I know now is that I should have sought out counsel from the beginning of my claim. I would encourage any dentist to look at their options when it comes to an attorney and ask simply do they have the experience to navigate what is likely the most important case of their lives. Mr. Hack and the firm simply knew exactly how to proceed from the very beginning and did so without hesitation. Hiring Quadrino Schwartz has made a huge difference to myself and my family and I am always grateful for all the hard work they put in for my case.
Long-Term Disability Insurance - Dentist - Florida
5 star rating.

experience and success rate

After 20 years as an ER Doc I developed terrible insomnia and finally got a diagnosis of shift work sleep disorder, a relatively new illness. As there is no test specific to this illness, and given ...
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Long-Term Disability Insurance - Emergency Room Physician
☆☆☆☆☆
5 star rating.

experience and success rate

After 20 years as an ER Doc I developed terrible insomnia and finally got a diagnosis of shift work sleep disorder, a relatively new illness. As there is no test specific to this illness, and given how new the whole field of sleep medicine was, I knew that filing a disability claim was going to be a challenge and that I would need professional help. I did some research and selected Schwartz Law to help me with the process. This choice was based on their experience and success rate in the area of disability law. I could not be happier with my choice. They helped me with every step of the very complicated process and today I received a settlement check. I can recommend Schwartz Law without reservation.
Long-Term Disability Insurance - Emergency Room Physician
5 star rating.

so very grateful

Thank you all so very much for everything that you’ve done (and continue to do) on my behalf. I selected your firm after my best friend vetted dozens of firms across the country on my behalf....
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Long-Term Disability Insurance Client
☆☆☆☆☆
5 star rating.

so very grateful

Thank you all so very much for everything that you’ve done (and continue to do) on my behalf. I selected your firm after my best friend vetted dozens of firms across the country on my behalf. It turns out to have been one of the best decisions that I’ve ever made. I wasn’t exactly at my best when we got started on my case. But you all proved to be professionals in every sense, producing great results while balancing expertise with patience and compassion. I am so very grateful and would recommend you to anyone without reservation or qualification.
Long-Term Disability Insurance Client
5 star rating.

I will always be grateful

Michail Hack has been a Godsend to me and my family. When I became very sick a well-known insurance carrier denied my disability claim and refused to pay the benefit that I had purchased ...
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Long-Term Disability Insurance Client - Bank Executive
☆☆☆☆☆
5 star rating.

I will always be grateful

Michail Hack has been a Godsend to me and my family. When I became very sick a well-known insurance carrier denied my disability claim and refused to pay the benefit that I had purchased from my employer. I was unable to defend myself and very distraught after conferring with several law firms that were recommended by friends who were attempting to guide me. I was left without hope. Michail reviewed my situation and took the case. His professional approach and thoroughness resulted in a payment that was due from the start. Michail, his staff and their persistence were refreshing. He is a true professional. I will always be grateful for his efforts and the way he helped my family and me. He continues after 10 years to offer support and advise when needed. Thank you Michail
Long-Term Disability Insurance Client - Bank Executive
5 star rating.

such a relief

Dear Michail: Thank you and your firm so much for adeptly handling my long-term disability claim. Not only were you able to overcome the initial insurance company denial but your work ultimately resulted in the insurance ...
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Long-Term Disability Insurance Client - COO Financial Technology Firm
☆☆☆☆☆
5 star rating.

such a relief

Dear Michail: Thank you and your firm so much for adeptly handling my long-term disability claim. Not only were you able to overcome the initial insurance company denial but your work ultimately resulted in the insurance company buying out my claim. You and your paralegal, Ginny Wielgus, gathered and organized all of my medical evidence and wrote a beautiful brief to the insurance company where they, to my surprise, actually reversed their claim determination and started paying me. Due to the excruciating pain I live with daily, I could not continue as chief operating officer for the technology company I worked for; nor could I not muster the strength and energy required to fight the insurance company adequately. It was such a relief to have someone like you represent me in this battle.
Long-Term Disability Insurance Client - COO Financial Technology Firm
5 star rating.

blessed to have hired them

Thank you for successfully handling a long-term disability lawsuit for me. When I first spoke to Evan Schwartz, my insurance company was suing me for fraud and my current lawyer was telling me to...
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Long-Term Disability Insurance Client - Chiropractor
☆☆☆☆☆
5 star rating.

blessed to have hired them

Thank you for successfully handling a long-term disability lawsuit for me. When I first spoke to Evan Schwartz, my insurance company was suing me for fraud and my current lawyer was telling me to give up my case against the insurance company and walk away from my claim or risk going to jail. But nothing about my case was fraudulent and I was disabled. Mr. Schwartz evaluated my case at no cost to me and told me that walking away would be a big mistake, that accusing me of fraud was nothing more than an insurance company strong-arm tactic, that I was entitled to money from the insurance company and I did not commit any fraud nor did I commit a crime. Mr. Schwartz and the firm agreed to take over my case on a contingency fee basis. Harold Levy, the principal attorney responsible for my case, was smart, aggressive, prompt and kept me in the loop about everything that was going on. Mr. Schwartz and Mr. Levy completely turned my case around and obtained a settlement for me on very favorable terms in a reasonably short amount of time. Mr. Levy and I have remained in contact as friends ever since. I was blessed to have found Quadrino Schwartz and blessed to have hired them to protect and enforce my rights to obtain the money the insurance company never would have paid me without them.. They lived up to their motto: “We make insurance companies keep their promises.”
Long-Term Disability Insurance Client - Chiropractor
5 star rating.

the best advice

As Vice President of a large brokerage firm, I did anticipate having a problem with Hartford Insurance Company and, for that reason, I was advised to apply for long-term disability through a reputable law firm...
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Long-Term Disability Insurance Client - V.P. Brokerage Firm
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5 star rating.

the best advice

As Vice President of a large brokerage firm, I did anticipate having a problem with Hartford Insurance Company and, for that reason, I was advised to apply for long-term disability through a reputable law firm. It was the best advice I could have received and, if not for the efforts of Michail Hack and the firm, I would have had to fight for my rights and benefits all alone against a large insurance company. Thanks to Michail’s efforts I received all the benefits I was entitled to which made my life bearable through a difficult time with my disability. I would advise anyone who feels they need someone to represent them against a major insurance company to use Michail Hack and his firm.
Long-Term Disability Insurance Client - V.P. Brokerage Firm
5 star rating.

strong, experienced, and dedicated

Applying for disability, even when the need has become obvious to both yourself and those around you, is not necessarily an easy decision. In my case it meant having to walk away from a long-term ...
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Long-Term Disability Insurance Client - Law Firm Partner
☆☆☆☆☆
5 star rating.

strong, experienced, and dedicated

Applying for disability, even when the need has become obvious to both yourself and those around you, is not necessarily an easy decision. In my case it meant having to walk away from a long-term career that I loved, and, as is probably true for most people facing a disability and having to make a disability clam, a very real threat to the financial security of myself and my family had my claim been denied or unduly delayed. As an almost 30-year attorney, with considerable employee benefit law experience, I felt qualified to make and process my own claim. I was wrong. As I quickly discovered, the cruel twist to making a disability claim is that at the very point in time that you need to be at your very strongest, physically, emotionally, and financially, to protect your rights and the financial security of your family, you find yourself at your weakest and most vulnerable. It can be a very lonely and frightening time. The attorneys and staff at the Schwartz Law Firm understood this. Phone calls and emails were responded to in a prompt manner. My attorney was always available, even on short notice, to discuss my concerns. The attorneys and staff at Schwartz Law worked tirelessly with both my employer and medical care providers to both establish and file my claim, and got it approved in a timely manner. Not only the legal advice, but the practical advice I received from Schwartz Law, based on their decades of representing disability clients, proved invaluable. The best advice I could give anyone facing a similar situation is that you do not have to go it alone, nor should you. You need strong, experienced, and dedicated legal counsel to fight for your rights and the financial security of yourself and your family. I found that at the Schwartz Law Firm, and will be forever grateful for their assistance during a very difficult time in my life.
Long-Term Disability Insurance Client - Law Firm Partner