The Firm

Expertise, Ingenuity, Tenacity, Sophistication and Performance

Rosen & Associates is a boutique law firm specializing in corporate insolvency and bankruptcy law. Headquartered in New York City, with offices in Wilmington, Delaware, for over 35 years, Rosen & Associates has maintained a reputation for excellence in servicing clients with insolvency related counsel. Through our expertise, depth of knowledge, and commitment to problem solving, we deliver services of the highest standard to our clients.

The firm skillfully advises corporations and entities about options and methods for protecting the value of their businesses and interests when confronted with financial distress.

We specialize in representing middle-market, smaller enterprises, and start-ups in restructurings, Chapter 11 bankruptcies, and wind-down scenarios. We are equally adept at protecting the rights of creditors, landlords, vendors, and other parties in navigating the financial distress or bankruptcies of their counterparties.

Superior Services with Financial Advantage

We pride ourselves in delivering premier-quality legal counsel equal to that of our colleagues at larger firms. As a boutique practice, we can do so at a cost structure and with client service that our counterparts cannot match.

We understand the value of efficient, personalized, and attentive client service, and bring that understanding to bear upon the representation of our clients.

Each team member is dedicated to zealous representation on behalf of clients, and complete, clear, and candid communication.

Our team recognizes the challenges that accompany financial distress and offers supportive and compassionate counsel as we help our clients navigate through insolvency’s intricacies.

Core Strengths that Enable Realization of Targeted Results

Rosen & Associates is successful because its attorneys thoroughly understand the United States Bankruptcy Code, other commercial laws, and corporate finance, and have the practical ability to balance the myriad competing interests of debtors, creditors, and other stakeholders. The firm draws on the skills and experience of its attorneys, several of whom joined R&A from pre-eminent national practices. Honed through decades of practice, our attorneys provide effective guidance through every stage of complex Chapter 11 bankruptcy cases, including case commencement, debtor in possession financing, plan formulation, confirmation and consummation, and claims resolution.

As a complement to our role as restructuring counsel to both our debtor and creditor clients, our attorneys are skilled litigators. We regularly litigate matters before the bankruptcy courts, federal district courts and courts of appeals, and New York state courts.

Experience Produces Innovative Solutions

Whether in or out of court, maximizing the value of productive assets is essential to corporations experiencing financial distress and it is a significant focus of our corporate representations. The recovery of assets is also important, and we have extensive experience in identifying and prosecuting avoidance and other recovery actions. We recognize that the recovery benefit must be measured against the cost required to achieve the result. For all clients and all matters, the firm strives to reach out of court resolutions. If agreement proves elusive, the firm is ready, willing, and able to advance clients’ goals vigorously through court proceedings – whether by filing a bankruptcy petition or litigating.

Client Engagement with Emphasis on Service

Rosen & Associates regularly advises corporate Chapter 11 debtors and their general counsel in complex corporate reorganizations. Our team also represents debtors, creditors, trustees, third-party purchasers, borrowers, sponsors, and institutional and other distressed investors, as individuals and groups, in bankruptcy proceedings and other insolvency related matters. Many companies, creditors, and shareholders look to Rosen & Associates for insolvency guidance and advice for small and middle market businesses and in special situations. In addition, Rosen & Associates’ niche practice and smaller size makes it well-suited to represent parties in matters where a party’s regular counsel is unable to represent it. Whatever the size and type of client, we provide efficient premium representation to each one.

Proficient Across a Diverse and Extensive Array of Industries and Sectors

Just as Rosen & Associates represents clients in various capacities and matters, we represent clients engaged in a wide spectrum of industries and sectors. Rosen & Associates handles many significant matters in the hospitality, financial services, manufacturing, real estate, telecommunications, renewable energy and natural resources, information technology, and retail sectors, and has in-depth knowledge of these industries. Our experience in these sectors combined with the firm’s specialized focus on insolvency and bankruptcy issues, provides each of our clients with considerable advantages in representations across the full range of insolvency challenges.

Recognition and Accolades

Attesting to the high regard in which clients and the legal community hold Rosen & Associates, the firm has consistently received Martindale-Hubbell’s highest Legal Ability and General Ethics Standards rating of AV. With bankruptcy law experience of more than 45 years, the firm’s founder, Sanford Rosen, has long been established as one of New York’s pre-eminent bankruptcy lawyers, and has been named consistently on the list Super Lawyers by New York Super Lawyers magazine.

Practice Areas

As a full-service bankruptcy boutique, Rosen & Associates offers a range of specialized services, including the following:

Counsel to Chapter 11 Debtors – Representing debtors in Chapter 11 reorganizations, structuring prepackaged and prearranged plans of reorganization, and serving as conflicts counsel

Asset Recovery – Representing debtors in the avoidance and recovery of transferred assets

Bankruptcy Alternatives - Structuring and negotiating in and out-of-court solutions as alternatives to bankruptcy, including Assignments for the Benefit of Creditors

Litigation - Litigating bankruptcy and insolvency matters on behalf of plaintiffs and defendants

Creditor Rights – Representing creditors in bankruptcy cases and in out-of-court scenarios

Financing Alternatives – Employing tactical financing solutions to obtain rescue, debtor in possession and exit financing, as well as financing to achieve other goals

Trustee Representation – Representing trustees appointed in cases under chapter 7 and chapter 11 of the Bankruptcy Code

Clients

A sample of bankruptcy cases in which we have represented clients includes:

Adelphia Communications Corp.

Apex Silver Mines Limited

Bumble Bee Tuna

Coudert Brothers LLP

Delphi Corporation

Eastman Kodak Company

Firestar Diamond, Inc.

Gaston & Snow

Grumman Olson Industries, Inc.

Live Primary, LLC

Interview Magazine

Milgrim Thomajan & Lee P.C.

Nourish Foods, LLC

RadLax Gateway Hotel LLC

South Edge LLC

Tricom, SA

The Wiz, Inc.

Ames Department Stores, Inc.

Bayou Group, LLC.

Calpine Corporation

Dana Corporation

Delta Airlines, Inc.

Enron Corp.

Forever 21

Giggle, Inc.

Harris Publications, Inc.

Lehman Brothers

Kmart Corporation

Myerson & Kuhn

NRG Energy, Inc.

Residential Capital, LLC

SunEdison, Inc.

The Grand Union Company

Uncle Matt’s Organic, Inc.