McGrail & Bensinger LLP

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  • Contact
  • Home
  • Services
    • Bankruptcy/Corporate Restructuring
    • Commercial Litigation/ADR
    • Corporate/M&A
    • Intellectual Property
    • Real Estate
    • Tax
    • Trusts & Estates
  • Professionals
  • Clients
  • Newsletters
    • Volume 3 Issue 3
    • Volume 3 Issue 2
    • Volume 3 Issue 1
    • Volume 2 (2024) >
      • Volume 2 Issue 4
      • Volume 2 Issue 3
      • Volume 2 Issue 2
      • Volume 2 Issue 1
    • Volume 1 (2023) >
      • Volume 1 Issue 4
      • Volume 1 Issue 3
      • Volume 1 Issue 2
      • Volume 1 Issue 1
  • Contact
  • Services
  • Bankruptcy/Corporate Restructuring
  • Commercial Litigation/ADR
  • Corporate/M&A
  • Intellectual Property
  • Real Estate
  • Tax
  • Trusts & Estates

Bankruptcy/Corporate Restructuring

Our Bankruptcy and Corporate Restructuring Group is regularly retained in all types of corporate bankruptcy matters, including in- and out-of-court restructuring transactions, wind-downs, and state court insolvency proceedings, as well as to handle the entire spectrum of bankruptcy litigation for plaintiffs and defendants, including allowance/disallowance/recharacterization/subordination of claims, preference and fraudulent transfer actions, breach of fiduciary duty claims, and alter ego/substantive consolidation lawsuits.

Group Attorneys

Ilana Volkov

Ilana Volkov

Partner & Practice Group Leader

David C. McGrail

David C. McGrail

Managing Partner

Menachem M. Bensinger

Menachem M. Bensinger

Managing Partner

Jeffrey Ephraim Glatt

Jeffrey Ephraim Glatt

Partner

Pearl Shah Dalsania

Pearl Shah Dalsania

Counsel

Cynthia Botello

Cynthia Botello, CIPP/US

Associate


Services

  • Formulating and implementing out-of-court restructurings.
  • Winding down companies.
  • Filing for bankruptcy protection under chapter 7 or 11 and developing and effectuating exit strategies.
  • Purchasing assets (including leases and claims).
  • ​Prosecuting and defending commercial foreclosures.
  • Addressing cryptocurrency issues.
  • Providing non-consolidation opinions.
  • ​Prosecuting and defending bankruptcy litigation.
  • Addressing intellectual property issues.
  • Analyzing small business issues.
  • Representing pre-and post-bankruptcy lenders and unsecured creditors.
  • Advising boards of directors, officers, management, and equity holders.

Select Client Representations

  • Counsel to secured lenders (including in connection with debtor-in-possession financing), unsecured and administrative creditors, and contract/lease counterparties.
  • General bankruptcy counsel to debtors HydroGen, LLC, Terra Nostra Resources Corp., PubliCARD, Inc., R. Esmerian, Inc., MM Bowery Rest. Corp., Far Rockaway Nursing Home, Southampton Yen Restaurant Group, LLC, First Step Trademarks, LLC, and Genco Importing Inc. d/b/a Manitoba’s. (Genco was majority-owned by Steven Van Zandt. The Bankruptcy Judge at the Genco plan confirmation hearing noted that “[T]his case has been extremely well handled from [the] beginning to this point; and the work product has been top-notch in all respects.”)
  • Counsel to Metro New York in the sale of its business to Schneps Media.
  • Counsel to the purchaser of a $30 million revenue dairy business out of bankruptcy.
  • Counsel to customers in MF Global Inc. and to creditors on the official committees of unsecured creditors in RDA Holding Co. (Reader's Digest), Hostess Brands, Inc., Tom Jones, Inc., Chemtura Corporation, Mark IV Industries, Inc., and The Wilkes Bashford Company.
  • Counsel to the involuntary petitioners and Official Committee of Unsecured Creditors in The Adoni Group, Inc.
  • Counsel to various hedge funds as purchasers of bankruptcy claims and defendants in bankruptcy litigation.
  • Counsel to Bank of America, as indenture trustee, in its successful litigation to recover against the State of Pennsylvania on a reimbursement claim under Bankruptcy Code section 363.
  • Counsel to Lynx Assets Services, LLC in the foreclosure of its mortgage against a New York City townhouse which served as the site of Oleg Cassini’s design studio and in the subsequent bankruptcy filing of a co-owner of the property (which the Bankruptcy Court has ruled belongs exclusively to the debtor).
  • Counsel to Lending Club in various New York commercial foreclosure actions.
  • Counsel to Sealed Air Corporation, Wakefern Food Corp., Blue Foundry Bank, and others in the defense of avoidance action litigation.
  • Counsel to Hartz Mountain Corporation, Long Island Industrial Management Company, Taboola, and other landlords and executory contract counterparties in numerous Chapter 11 cases, including WeWork, Rite Aid Corporation, Sam Ash Music Corp., Cyxtera Communications, iMedia Brands, Inc., Media Math Holdings, Inc., and Red Lobster Management, LLC et al.
  • Counsel to various companies in the out-of-court wind-down of their business, including pursuant to assignments for the benefit of creditors and state court dissolutions.
  • Counsel to various Chapter 7 trustees in the prosecution of preference and fraudulent transfer claims and other bankruptcy litigation.
  • Counsel to various shareholders, officers, and directors in the defense of avoidance action and breach of fiduciary duty lawsuits. 

New York

888-C 8th Avenue #107
New York, NY 10019

New Jersey

1700 Avenue of the States, Suite 508
Lakewood, NJ 08701

Super Lawyers 2023 Super Lawyers 2023
Super Lawyers 2022 US News and World Reports - Best Lawyers 2021
2025 ChambersĀ® New York Spotlight Guide for Corporate/Commercial and Litigation
2025 Best Law FirmsĀ® for National Tier 2 and Metropolitan Tier 2 for Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law
Debtor/Creditor (US N&WR and Super Lawyers)
Corporate (Super Lawyers)
Litigation (Super Lawyers)


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