Bankruptcy, Bankruptcy Litigation, and Bankruptcy Mediation in Bergen County, New Jersey
Harry M. Gutfleish leads the firm’s bankruptcy and bankruptcy litigation practice. Mr. Gutfleish represents or has represented individuals and businesses with financial issues in out of court work outs, reorganizations and various types of liquidation under federal bankruptcy law or under state law. Mr. Gutfleish also represents or has represented secured creditors, unsecured creditors, creditors’ committees, court-appointed receivers, and bankruptcy trustees in bankruptcy and liquidation related cases filed by individuals and businesses.
His experience in representing the various constituencies involved provides Mr. Gutfleish with an understanding of the competing goals and expectations of the parties, and the ability to use that understanding to develop courses of action that are realistic yet sensitive to our clients’ needs, and also responsive to the needs of other parties involved, which increases the chances for success.
For over twenty years, Mr. Gutfleish has been involved in over one thousand pieces of bankruptcy litigation brought in bankruptcy cases, and represents or has represented debtors, creditors, liquidating trusts and bankruptcy trustees in prosecuting or defending proceedings to recover preferential transfers, proceedings to recover fraudulent transfers, proceedings contesting the dischargeability of particular debts, proceedings to deny or to revoke a debtor’s discharge, and proceedings challenging proofs of claim. Again, the wealth of experience developed in these cases provides Mr. Gutfleish with an understanding of the legal and factual issues generally asserted by both litigants and the ability to use that understanding to develop settlement terms and settlement structures that are responsive to the litigants’ competing positions and needs, or to develop a sound litigation strategy if settlement negotiations fail.
Mr. Gutfleish has participated in many mediations and Court-directed settlement conferences arising in bankruptcy related litigation and is a member of the court-approved mediation panels for the United States Bankruptcy Court for the District of New Jersey and the United States Bankruptcy Court for the District of Delaware. Mr. Gutfleish also is available to serve as a mediator in any bankruptcy-related litigation or commercial litigation.
As counsel for bankruptcy trustees and other Court-appointed fiduciaries, Mr. Gutfleish has investigated several significant real estate, mortgage, securities, healthcare, and investment frauds committed by debtors and their principals, and has pursued the alleged wrongdoers and others on behalf of creditors. Among others, Mr. Gutfleish represented the bankruptcy trustee for NJ Affordable Homes Corp., a real estate ponzi scheme in New Jersey in which ten persons were convicted of various crimes, the bankruptcy trustee for Ameripay, LLC, a payroll services company whose principals were convicted of committing a fraud on unwitting investors, public clients, and private clients; the official committee of unsecured creditors appointed in The Bennett Funding Group, Inc. case, one of the largest ponzi schemes in U.S. history at the time; and the bankruptcy trustee for AR Baron, a penny stock, pump and dump operation in New York in conjunction with a parallel SIPA liquidation.