Overview

About Melissa A. Peña

About Melissa A. Peña

Melissa A. Peña, a member of the firm’s Management Committee and Chair of the Bankruptcy and Creditors’ Rights Practice Group, concentrates her practice on commercial litigation and bankruptcy and creditors’ rights. Her clients include financial institutions, private lenders, creditors, and accounting firms. Melissa has successfully represented secured creditors and unsecured creditors in Chapter 11 bankruptcy cases and state court insolvency proceedings. She frequently handles commercial foreclosure actions, actions to enforce promissory notes and guarantees, lien priority disputes, fraudulent conveyance actions, and creditor enforcement matters.

Melissa also defends accounting firms in disputes regarding alleged failure to detect criminal and fraudulent activity in the state and federal courts of New Jersey and New York.

Outside the courtroom, Melissa handles commercial workouts, negotiating forbearance agreements on behalf of lenders and troubled cross-border transactions. She represents investors seeking to acquire defaulted loans from the due diligence stage to closing on the sale. Melissa also helps lenders to liquidate their collateral through UCC sales, including sales of co-ops. In connection with the firm’s cross-border practice, she represents clients concerning inbound and outbound transactions that require working with government agencies such as the U.S. Office of Foreign Asset Control and U.S. Customs and Border Protection.

Whether she is inside or outside the courtroom, Melissa’s goal is to find a practical business solution for her clients. She utilizes litigation as a tool to further her client’s business objectives in a cost-effective manner.

Melissa is Co-Chair of the Meritas Financial Services section.

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Representative Matters

Obtained jury verdict in favor of lender on suit to collect under personal guaranty in the Supreme Court of New York, Commercial Part.
Represented several purchasers of assets in Section 363 bankruptcy sales with particular focus on the acquisition of intellectual property rights.
Successfully represented creditor in obtaining non-dischargeability judgment in Bankruptcy Court on the basis that debtor committed a fraud.
Represented assignee for benefit of creditors in contested motion by assignee to dismiss involuntary bankruptcy case filed against assignor.
Successfully argued before the First Department to uphold entry of deficiency judgment against guarantors in commercial foreclosure action, involving the adjudication of the value of the mortgaged premises based on its highest and best use.
Obtained order dismissing accounting malpractice claims against accounting firm and successfully defended appeal of the order.
Represented subcontractors in Chapter 11 bankruptcy cases involving New York Lien Law issues.
Settled multiple preference claims to claw back payments received by creditors 90 days prior to a bankruptcy proceeding on behalf of defendants.
Successfully obtained foreclosure judgments on behalf of lenders while counseling lenders on issues arising with a variety of collateral, including hotels, apartment complexes, office buildings, day care centers, animal shelters, and restaurants.

Media

May 11, 2021

Mentioned, “Norris McLaughlin Appoints David Roberts as Chair,”

New Jersey Business Magazine,

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January 2021

2021 Outlook,”

Turnarounds & Workouts,

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December 2020

Year in Review,”

Turnarounds & Workouts,

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August 9, 2020

Featured and Quoted, “Law firm names attorney to management committee,”

Hunterdon County Democrat,

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August 3, 2020

Featured and Quoted, “Norris McLaughlin Elects Melissa Peña to Management Committee,”

Philadelphia citybizlist,

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August 3, 2020

Featured and Quoted, “Norris McLaughlin Elects Melissa Peña to Management Committee,”

New York citybizlist,

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February 6, 2020

Chapter 11’s New Subchapter V: What You Need to Know About the SBRA

New Jersey Law Journal,

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May 5, 2014

Quoted, “Vigilance – before and after – helps if customer goes bankrupt,”

Lehigh Valley Business,

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November 2010

Foreclosure Delays Require Creative Solutions,”

WithumSmith + Brown, P.C. Newsletter,

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Presentations

January 28, 2021

"Before the Deluge: Preparing for the Anticipated Rise in Bankruptcy Filings,"

Norris McLaughlin, P.A., Webinar,

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September 15, 2020

"The Pandemic Recovery: Debt Recovery Options Facing New York’s Restaurant Industry,"

New York State Restaurant Association, Webinar,

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February 6, 2020

"Chapter 11’s New Subchapter V: What You Need to Know About the SBRA,"

New Jersey Law Journal,

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June 13, 2018

"Bankruptcy Topics for the Non-Bankruptcy Practitioner,"

Norris McLaughlin, P.A., Allentown, Pennsylvania,

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May 7, 2018

"Bankruptcy Topics for the Non-Bankruptcy Practitioner,"

Norris McLaughlin, P.A., Bridgewater, NJ,

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March 24, 2009

"Corporate Bankruptcy 101 and Select Bankruptcy Issues,"

Norris McLaughlin, P.A., Bridgewater, New Jersey,

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Contact

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