Experienced Chapter 11 Bankruptcy Attorneys
At The Law Office of Charles A. Higgs, we have extensive experience representing small businesses across a wide range of industries in Chapter 11 bankruptcy throughout Westchester County, New York. Our clients have included companies in a wide range of sectors, including real estate, construction, restaurants, financial services, transportation, technology, and retail. We understand the unique challenges each industry faces and tailor our reorganization strategies to protect your assets, maintain operations, and negotiate effectively with creditors. Whether you own a family-run restaurant, a tech startup, or a retail business, our skilled Chapter 11 attorneys provide the guidance you need to achieve financial stability and keep your business moving forward.
TRACK RECORD OF SUCCESS
Successful Chapter 11 Representation for Housing Finance Development Corporation in the Bronx
The Law Office of Charles A. Higgs successfully represented a Housing Finance Development Corporation in a complex Chapter 11 bankruptcy case involving its 50+ unit co-op building. Within the Chapter 11 Bankruptcy Case our firm commenced an adversary proceeding against the City of New York, challenging the constitutionality of NYC’s in rem tax foreclosure laws. Through strategic negotiation and skilled advocacy, we secured a favorable settlement for our client, resulting in the vacatur of the In Rem Foreclosure Judgment and the dismissal of the foreclosure action against the property. This case highlights our ability to protect real estate assets and defend property rights in high-stakes Chapter 11 bankruptcy litigation.
Pioneering Subchapter V Chapter 11 Bankruptcy Case for Taxicab Company in Westchester & New York
The Law Office of Charles A. Higgs successfully represented a taxicab company in one of the very first Subchapter V Chapter 11 bankruptcy cases filed in the Southern District of New York—and among the earliest in the United States. This innovative small business reorganization allowed us to leverage the benefits of Subchapter V to protect our client’s operations. Through strategic litigation and skilled negotiation, we achieved a settlement that eliminated approximately $380,000 in debt and secured the release of a personal guarantee for the company’s officer. This case demonstrates our leadership in handling complex Chapter 11 and Subchapter V bankruptcies for small businesses in New York City and beyond.
Chapter 11 Bankruptcy for Multi-State Tax Businesses – Strategic Debt Resolution
The Law Office of Charles A. Higgs represented multiple multi-state tax businesses in complex Chapter 11 bankruptcy proceedings. Our team developed and implemented a comprehensive legal strategy tailored to each client’s unique financial challenges. Through skilled negotiation and litigation, we achieved favorable settlements that resolved the largest claims against our clients, allowing them to continue operations and regain financial stability. This experience highlights our ability to handle high-stakes Chapter 11 cases for businesses operating across state lines.
Chapter 11 Bankruptcy Representation for Real Estate Construction Company – Hamptons Development Project
The Law Office of Charles A. Higgs successfully represented a real estate construction company in a complex Chapter 11 bankruptcy case involving a major real estate development project in the Hamptons. Our team navigated intricate legal and financial issues, engaging in both litigation and negotiation to protect our client’s interests. As a result, we secured a favorable settlement with creditors, enabling the project to move forward and preserving the company’s long-term financial health. This case demonstrates our expertise in handling Chapter 11 bankruptcies for real estate and construction businesses throughout Westchester County and New York.
What is Chapter 11 bankruptcy and who can file in New York?
Chapter 11 bankruptcy is a legal process that allows businesses—and in some cases, individuals with significant debt—to reorganize their finances while staying in operation. In New York, small business owners, corporations, partnerships, non-profits, and high-debt individuals in places are eligible to file. Chapter 11 helps you reduce or restructure debt while protecting your assets.
How is Chapter 11 different from Chapter 7 or Chapter 13 bankruptcy?
Chapter 11 focuses on debt reorganization rather than liquidation (like Chapter 7) or a strict repayment plan for consumers (like Chapter 13). Unlike Chapter 13, which is exclusively for individuals, Chapter 11 is typically used by businesses and individuals with complex or high-value financial situations. It gives more flexibility in creating a long-term restructuring plan tailored to your unique circumstances.
Can I keep my business open during a Chapter 11 bankruptcy in New York?
Yes. One of the main advantages of Chapter 11 is that it allows businesses to continue operations under court supervision while restructuring debt. If your business is located in Westchester County—including White Plains or Bedford Hills—Chapter 11 may help you avoid closure while regaining financial stability.
How long does a Chapter 11 case take to complete?
The length of a Chapter 11 bankruptcy varies depending on the complexity of the case. Some small business cases can be resolved in several months, while more complicated reorganizations may take a year or longer. A local bankruptcy attorney can guide you through a timeline based on your specific situation.
What is a Subchapter V Chapter 11 bankruptcy and who qualifies?
Subchapter V is a streamlined version of Chapter 11 for small businesses. It was created to make reorganization faster and more affordable. To qualify, your business must meet certain debt limits. If you're a small business owner in White Plains or Bedford Hills, Subchapter V may offer the relief you need without the high cost of a traditional Chapter 11 case. Subchapter V bankruptcy may also be available if you are an individual with primarily business debt.
Do I need a bankruptcy lawyer to file Chapter 11 in New York?
Absolutely. Chapter 11 cases are complex and involve strict court procedures. Hiring an experienced New York bankruptcy attorney—especially one familiar with courts in Eastern District of New York and the Southern District of New York—is critical to navigating the process successfully.
Will Chapter 11 stop creditor harassment or foreclosure?
Yes. Filing for Chapter 11 immediately triggers an automatic stay, which stops most collection actions, lawsuits, and foreclosure efforts. If you're facing creditor pressure or risk losing your commercial property in Westchester County, Chapter 11 may provide immediate protection while you reorganize your debts.