Bankruptcy

It's not for everyone

There are many alternatives to bankruptcy and they should be explored before making your decision. This is why at Marc R. Tow & Associates we make sure to educate our clients before moving forward with their case.

Business Solutions

Turn your business around

Filing for bankruptcy is not the appropriate business decision for every financially troubled entity. Marc R. Tow & Associates has decades of experience providing comprehensive solutions to resolving business insolvency.

Debt Settlement

A simple process

We offer a program wherein we negotiate with your creditors/CA in order to settle the debt for less than what you owe. We charge an upfront fee that can be paid through a payment plan if you wish.

Adversary Proceedings / Bankruptcy Litigation

Marc R. Tow & Associates provides sophisticated representation to debtors, trustees, and creditors in adversary proceedings resulting from a Chapter 11 bankruptcy or Chapter 7 bankruptcy. Marc Tow has decades of trial experience and professionalism in resolving active litigation matters in bankruptcy that has helped earn the firm recognition as one of Southern California’s leading bankruptcy law firms. Contact Marc R. Tow & Associates for a consultation today.

California Bankruptcy Litigation

Marc Tow and Associates, provides representation in all types of adversary proceedings:

Recovery of preferences: Payments made by a debtor during the 90 days prior to a bankruptcy filing may be recoverable as an “avoidable preference” in certain circumstances. The firm has considerable experience representing debtors and trustee’s in the effort to recover avoidable preferences and well as defending creditors who have been sued by the bankruptcy estate in the estate’s effort to recover allegedly preferential payments. The Bankruptcy Code provides many possible defenses to creditors who have been sued for an avoidable preference, including a defense that the payment was made in the ordinary course of business, or that the creditor who received payment made a subsequent advance of “new value” to the Debtor. Creditors who receive a demand for return of an allegedly voidable preference or are sued by a bankruptcy estate seeking to recover an allegedly voidable preference should consult with the experienced litigators of Marc Tow and Associates, to determine whether they may have viable defenses to the claim of avoidable preference.

Recovery of fraudulent conveyances: If a debtor had not marshaled assets appropriately or where assets of a debtor have been transferred outside of the ordinary course of business prior to a bankruptcy filing, the bankruptcy estate or creditors may have a claim to recover assets transferred based upon the fraudulent transfer of the assets. A fraudulent transfer may occur where the transfer is made with the intent to hinder, delay or defraud a creditor, or where the debtor receives less than a fair consideration for the asset transferred. The firm has considerable experience representing trustees and creditors in attempting to recover property fraudulently transferred. The firm also defends parties who have been sued by a bankruptcy estate claiming that a sale of transfer of an asset prior to bankruptcy was fraudulent.

Dischargeability litigation: The firm’s lawyers provide representation to creditors challenging a debtor’s right to obtain a discharge, due to misconduct, or to allow a specific debt to survive the bankruptcy. Additionally, the firm represents debtors in defending against these actions.

General bankruptcy litigation: Generally, the bankruptcy litigation lawyers at Marc Tow and Associates, represent debtors, trustees, creditors, and unsecured creditor committees in any type of adversary proceeding or litigation that arises in the context of a bankruptcy or insolvency-related matter.

Reputable, Trusted, Experienced

Marc R. Tow & Associates has decades of knowledge and experience practicing bankruptcy law. Marc Tow has taught and lectured extensively on bankruptcy law including several lectures or seminars involving Assignment for the Benefit of Creditors. To schedule a consultation with Marc Tow, contact us today.

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