Amy E. Vulpio

Amy represents creditors in diverse industries who require assistance in confessing judgment, obtaining relief from the automatic stay, filing and litigating proofs of claim, responding to various motions and adversary complaints, including preference and fraudulent conveyance actions, and otherwise asserting their rights in Bankruptcy Court. Amy’s clients include financial institutions and other secured lenders, insurance companies, lessors, trade creditors and other businesses and individuals whose interests are implicated in bankruptcy proceedings.

Amy also has broad experience with debtor representation, including facilitating out-of-court workouts, preparing bankruptcy petitions, filing and prosecuting claims objections and prosecuting preference and fraudulent conveyance actions.

In the bankruptcy appellate context, Amy prepares appellate briefs, presents oral arguments and prosecutes appeals on a variety of bankruptcy-related topics. She also has general commercial litigation experience.

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• Represented debtors from diverse industries in their traditional Chapter 11 and Subchapter V bankruptcy proceedings, including nursing homes, technology and software, manufacturing, and digital and print publishing
• Assisted prospective purchasers with performing due diligence, submitting bids, and participating in auctions conducted under Section 363 of the Bankruptcy Code
• Obtained relief from the automatic stay in a wide variety of contexts, including to terminate contracts, pursue litigation and/or access debtor’s insurance
• Represented commercial landlord in connection with restaurant tenant's bankruptcy case
• Represented licensors and other contract counterparties in Chapter 11 bankruptcy cases, including objecting to contract assumption and assignment and cure amounts and moving to compel debtors’ assumption or rejection of their agreements
• Advised mortgage insurer concerning permissibility of rescinding mortgage insurance policy and prosecuted claims for rescission based upon breach of representation and warranties, resulting in successful settlement
• Successfully obtained dismissal of borrower’s bankruptcy proceedings to enable secured lender to proceed with sheriff’s sale on commercial real estate
• Represented limited liability company members in connection with contested buy-out and dissolution proceedings
• Defended numerous adversary proceedings seeking avoidance of preferential transfers, and negotiated successful settlements of same
• Advised creditors and interested parties in Chapter 15 cross-border matters, including cryptocurrency exchange and mass tort insolvencies
• Represented fractional jet ownership company in negotiating out-of-court workout with trade creditors and fractional owners, administered the distribution of settlement funds to them, and then formally dissolved corporation
• Represented various clients in connection with bankruptcy procedural matters, including transfer of venue, withdrawal of the reference, and remand
• Negotiated and drafted forbearance agreements on behalf of secured lenders
• Objected to the adequacy of debtors’ disclosure statements and to confirmation of debtors’ plans of reorganization in order to ensure fair and equitable treatment and maximize creditor’s distribution
• Represented and advised insurers in a wide variety of bankruptcy matters, including negotiation of insurance neutrality provisions in plans and confirmation orders and defense of disability insurer in trial on wrongful termination of disability benefits