Sample Listing of Results Achieved
A sample listing of the results achieved by the Law Offices of Donald J. Tobias:
Business and Commercial Litigation
- Successfully obtained numerous “large dollar” recoveries, on behalf of its institutional and government agency clients, against defaulting loan obligors and guarantors.
- Successfully defeated claims and counterclaims raised against lender clients alleging, among other things, “lender liability,” usury and related defensive theories.
- Successfully stopped competitors from infringing on clients’ trade names and trade styles.
- Successfully stopped persons employed by clients from misappropriating customer lists and engaging in acts of unfair competition.
- Successfully enforced clients’ payment rights under various kinds of commercial agreements.
- Successfully defended real estate developer clients against claims brought by purchasers of residential units.
- Successfully represented owners of various businesses, including shopping centers and retail enterprises, in disputes with partners and other co-owners.
- Successfully represented manufacturing and retail clients in cases involving alleged breaches of product warranties.
- Successfully represented construction subcontractors in litigation brought against prime contractors and real estate owner/developers.
Asset Liquidation
- Successfully employed remedies, authorized under the Uniform Commercial Code, to liquidate, without the need for judicial intervention, lender clients’ collateral.
- Successfully employed pre-judgment remedies in order to bring about the immediate seizure of pledged collateral.
High-End Collections and Judgment Enforcement
- Successfully recovered, for the benefit of its institutional and government agency clients, previously secreted and/or undisclosed debtor assets.
- Successfully domesticated and enforced numerous out of state judgments.
- Successfully stopped, on behalf of lender and other business clients, the unlawful disposition and transfer of debtor assets.
Business and Commercial Mortgage Foreclosure
- Successfully completed a multitude of commercial mortgage foreclosure actions that have been brought in virtually all corners of New York State.
- Successfully preserved foreclosed property by seeking and obtaining the appointment of a receiver of rents and profits.
- Successfully completed post-foreclosure proceedings to render the foreclosed property free of occupants.
- Successfully prosecuted proceedings to obtain deficiency judgments against defaulting loan obligors.
Bankruptcy
- Successfully completed proceedings to vacate automatic bankruptcy stays and enable lender clients to complete the foreclosure process.
- Successfully challenged the feasibility of selected Chapter 11 reorganization plans.
- Successfully challenged efforts to have indebtedness owing to client deemed non-dischargeable.
- Successfully represented bankruptcy trustees in effort to recover substantial sums deemed to have been preferentially transferred.
- Successfully defended business entities that were deemed, by a bankruptcy trustee, to have received preferential payments.
- Successfully prosecuted bankruptcy and related appeals.
General Business, Real Estate and Transactional Matters
- Successfully represented a multitude of clients in the purchase and sale of a wide variety of enterprises, including chemical plants, retail establishments and service oriented businesses.
- Successfully represented a multitude of clients in the purchase and sale of commercial, industrial and residential real estate.
- Successfully represented a multitude of clients in connection with the leasing of office and industrial space.
- Successfully represented a multitude of clients in the negotiation and implementation of loan and mortgage agreements, insurance contracts, employment agreements and business transactional documents.
