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Firsichbaum, Steven W.

Name:Firsichbaum, Steven W.
Practice In: Accident & Injury ,Personal Injury ,Criminal ,Divorce & Family Law ,Family Law ,Employment ,Workers' Compensation ,Estate ,Estate Planning ,Real Estate
Law Firm: Fishman McIntyre P.C.
Location:120 Eagle Rock Avenue
East Hanover, NJ 07936
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Fax: 973-560-0060
http://www.jaeleelaw.com
 

Ms. Perez practices in the areas of business reorganization and bankruptcy litigation primarily representing debtors, unsecured creditors and asset purchasers in corporate restructurings and Chapter 11 bankruptcy cases. Ms. Perez has represented various corporate debtors in all aspects of their bankruptcy cases including, first-day filings, post-petition financing agreements, contract and lease rejection or assignment and assumption, asset sales, preference actions, adversary proceedings, claims objections and plan solicitation and confirmation. Ms. Perez has also assisted in the representation of numerous landlords in the enforcement of leasing rights in bankruptcy cases of large retail store chains. Ms. Perez speaks Spanish and has experience representing debtors in cross-border corporate restructurings in Latin America. In addition, Ms. Perez has represented both federal and state court-appointed receivers in marshalling and distributing assets for the benefit of creditors. Ms. Perez' receivership experience includes working in conjunction with the Securities and Exchange Commission and financial institutions to obtain and implement temporary restraining orders, preliminary injunctions and asset-freeze orders, followed by the collection of assets most often through the imposition of constructive trusts and/or equitable liens and the commencement of fraudulent transfer actions.

Bankruptcy and Creditors' Rights

Ms. Perez represents corporate and individual debtors, debtors-in-possession and creditors in Chapter 11 reorganization cases and litigation matters arising out of or related to bankruptcy cases. She also represents third parties with interests in bankruptcy proceedings or assets being administered therein, or involved in bankruptcy-related litigation or other matters. Ms. Perez provides pre- and post-bankruptcy consulting services to corporations and individuals who are considering filing for bankruptcy, who are parties to bankruptcy proceedings, or who otherwise require bankruptcy advice and counseling.

Ms. Perez has worked on a number of significant Chapter 11 reorganization and converted liquidation cases in a variety of capacities, representing the full spectrum of interests, including domestic and international corporations acting as debtors-in-possession (Mirant Corp., involving $10 billion in debt, the 10th largest bankruptcy in U.S. history; PhyAmerica Physician Group Inc.; Durango Paper Company, involving $1 billion in debt), official committees of unsecured creditors (Venturelink Inc.; IT Group, Inc. reorganization involving $12 billion in debt), liquidating trustees (IT Group, Inc. liquidation), and federal equity receivers (Receiver of Pension Fund of America receivership in related Chapter 7 bankruptcy proceedings).

Receivership

Ms. Perez represents federal and state court-appointed equity receivers in a variety of fraud-based receivership proceedings. Currently, Ms. Perez works on the legal team that represents the Federal Court-appointed Equity Receiver of the Estate of Frederick J. Kunen in the action brought by the Securities and Exchange Commission against the Estate of Mr. Kunen (www.optionstradingfraud.com), who lured primarily inexperienced investors into a risky index options trading scheme with baseless misrepresentations regarding previous and future returns, and either lost their funds trading or converted them for his own personal use.

Ms. Perez previously worked on the legal team that represented the Federal Court-appointed Equity Receiver in the receivership case of Securities and Exchange Commission v. Viatical Capital, Inc., et al. (www.lifereceivership.com), where the receivership entities fraudulently sold more than $59 million in securities in the form of viatical insurance policies and investor and creditor claims total over $50 million, and the Receiver successfully marshaled more than $25 million in assets and allowed claimants are expected to receive an unprecedented 50% distribution. Ms. Perez also worked on the legal team that represented the Federal Court-appointed Equity Receiver in the case of Securities and Exchange Commission v. Pension Fund of America, et al (www.pfareceivership.com), where the receivership entities fraudulently sold more than $130 million in securities in the form of long-term investment products and investor and creditor claims are estimated to total more than $75 million, and the Receiver successfully marshaled assets sufficient to provide a 50% distribution to the defrauded investors and creditors. Further, Ms. Perez has represented equity receivers appointed by the Circuit Court for the Eleventh Judicial Circuit in fraud-based receivership cases, including VIS Holdings Corp. d/b/a VIS Auto Finance receivership and the UGas receivership.

Real Estate

Ms. Perez provides advice and transactional services to individuals and companies purchasing or selling residential and commercial real property. She can assist clients participating in traditional property sales on the open market and non-traditional sales in bankruptcy, receivership and foreclosure proceedings. Ms. Perez represents clients in all aspects of their real estate transactions, including contract negotiations, court approval, public and private auctions, title insurance and sale closings.

Ms. Perez provides advice and advocacy to individuals and companies seeking to assert or preserve their rights in real property through litigation, including contract disputes and terminations, mortgage defense, refinancing services and foreclosure actions. If you entered into a pre-construction or pre-conversion contract for the purchase of real property, you may have the right to cancel that contract and have your full deposit returned to you. Ms. Perez will assist you in terminating your contract and obtaining a return of your deposit. Further, if you entered into a mortgage with a low teaser rate that has now become unaffordable, you may have claims against your lender and/or mortgage broker, which may entitle you to monetary damages and possibly the right to rescind, or unwind, a mortgage loan. Ms. Perez can assist you in pursuing predatory lending claims. If your current mortgage is unaffordable but there is equity in your home, refinancing, or simply extending the term of your mortgage loan may be a viable option to solve cash flow issues. Modification of your mortgage terms may also be an option, provided your lender is willing to agree to any necessary changes. Either refinancing or modifying your mortgage loan may reduce your monthly payments to a more affordable level. Ms. Perez can will assist you in obtaining and closing on additional financing or negotiating a forbearance and modification agreement with your lender.

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