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MacElree Harvey, Ltd.

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Leo M. Gibbons

MacElree Harvey Represents Multi-National Corporation in Closing of $438 Million Credit Facility

January 6, 2023 by MacElree Harvey, Ltd.

We are pleased to announce that MacElree Harvey successfully represented the U.S. subsidiary of a large foreign multi-national corporation in the renewal of a cross border loan of nearly half a billion dollars. Representing our client, together with all its U.S. subsidiaries, in this complex transaction were attorneys Harry DiDonato, Andrew Silverman, and Leo Gibbons, along with the instrumental assistance of Kelly DiSabatino and Christine M. Bigus. On the other side of the transaction, representing the lender, were the large international law firms of Faegre Drinker and Fasken.

In addition to negotiating and documenting the terms of this complicated transaction, the team served as primary coordinating counsel with attorneys located in other jurisdictions to negotiate issues concerning the collateralization of assets in Canada, Delaware, Texas, Pennsylvania, California, Nevada, Montana, Utah, and Florida.

Congratulations to our team in achieving this incredible result for our client!

Filed Under: News Tagged With: Andrew R. Silverman, Harry J. DiDonato, Leo M. Gibbons

What To Do If You Are Sued for a Preferential Payment by a Bankruptcy Trustee

June 17, 2019 by Leo M. Gibbons, Esq.

bankruptcy preferential_payment_response

By Leo M. Gibbons, Esquire-

When one of your customers files bankruptcy, it can cause significant disruption in your own business, especially where you do substantial business with that customer, or it files for bankruptcy owing you a substantial amount of money.  The impact on your business includes not only the prospect of not being paid or receiving very little on unpaid invoices but also the loss of future business from the bankrupt customer.  An additional problem and one often unforeseen is when the bankruptcy trustee or a lawyer representing the bankruptcy debtor contacts you and demands the return of payments you received from the bankrupt customer within the 90 days before its filing bankruptcy.  Under the bankruptcy code, these payments are called preferences and preferential payments by the bankrupt customer to you can be avoided and you can be required to pay back the money you received within 90 days of the customer’s bankruptcy. Making this issue even more difficult is that this claim can come two years or more after the customer files bankruptcy, long after you received the payment and likely long after you have used the funds to pay your businesses expenses.  Perhaps most significantly, these claims can total tens of thousands or even hundreds of thousands of dollars or more.

As with all legal issues, it is important that you know your rights, and respond timely to protect those rights. In dealing with a claim for preferential payments to you by a bankrupt customer, you should keep in mind the following:

  1. Don’t ignore the demand from the Trustee or Lawyer. Sometimes the claim will come in the form of a letter and other times the claim will be made with you being served with a lawsuit. In either case, it is important that you do not ignore the claim even if only first notified by letter.  You can use this time before the commencement of the lawsuit to prepare your defenses and even possibly settle the matter.  By using this time to your advantage, you will be better prepared if the matter does end up in court.
  2. Don’t accept a small discount on the amount of the claim to settle. Often, the Trustee or attorney representing the bankrupt customer offer a small discount (usually 10%) to quickly settle the matter. This is done to avoid the time and expense of litigation and also because the trustee or lawyer is often paid out of the proceeds recovered from former trade creditors. By settling early, you may be forgoing substantial defenses that would save you much more than 10% of the claim.  Often, the defenses could substantially knock down if not eliminate the claim made on behalf of the bankrupt customer.
  3. Keep your records related to your business dealings with the bankrupt customer. Your business records and course of business with the bankrupt customer are critical to your defenses against the claim. If the bankrupt customer filed for bankruptcy owing you money, you might be able to use these unpaid amounts to offset the claim now made against you.  Additionally, the timing of the invoicing and payment and your relationship with the bankrupt customer may provide a defense if payments were made COD (cash on delivery) or the payments in question occurred within the “ordinary course” of your business with the bankrupt customer.  “Ordinary Course” is a legal term of art that is the subject of many court decisions, and is an available defense that can substantially reduce a claim against you.
  4. File Proof of Claim. When a customer files for bankruptcy, if you are notified to file a Proof of Claim, always do so if you are owed money at the time they file bankruptcy.  Although you may believe that prospects of ever getting anything from the bankrupt customer are small, unpaid invoices may serve as at least a partial defense to the claim against you as discussed above.
  5. Consult an experienced attorney. The defenses available to you under the Bankruptcy Code are substantial but can also be complex in both theory and application. You should consult an attorney with knowledge of the preference law, and that has experience in defending preference claims. It is very often the case that such an experienced attorney can save you substantially more money than if you accept the small discount usually offered by the trustee or attorney at the onset of the case.

As with all lawsuits, maintaining your records, knowing your rights and consulting with an experienced attorney are the best steps you can take when faced with a legal claim or lawsuit, and this is certainly true in the case of preferential payments made by a customer to you before it filing bankruptcy.


Leo_Gibbons, Banking & Finance Attorney
Leo M. Gibbons is a partner in MacElree Harvey’s Banking and Finance practice. Licensed in Pennsylvania, Leo advises financial institutions, businesses, individuals and owners of commercial real estate on creditors’ rights, loan enforcement, loan workouts, complex business disputes, bank litigation and secured transaction litigation, collection actions, foreclosure proceedings, and landlord/tenant disputes.

Leo can be reached at 610-840-0227 or [email protected].

Filed Under: Articles by Our Attorneys Tagged With: banking and finance litigation, bankruptcy, Leo M. Gibbons

Leo Gibbons to Present Principles of Landlord-Tenant Law Course for Delaware County Community College

June 26, 2018 by MacElree Harvey, Ltd.

Landlord-Tenant LawFrom the lease agreement, security deposits to eviction actions, landlords need to stay on top of all aspects of landlord-tenant law. This summer, Banking and Finance attorney, Leo Gibbons will instruct two Landlord/Tenant Law sessions for Delaware County Community College.

During the 3-hour course, Leo will cover oral and written leases, landlord and tenant duties, the Pennsylvania Landlord and Tenant Act, and breaches of lease and eviction procedures. Gibbons will also review Pennsylvania escrow-deposit requirements, a form lease with the plain-language requirements, and amendments to the federal Fair Housing Act.

Landlord-Tenant Law – Summer sessions:
  • Monday, July 16 from 6-9 pm at the Exton Campus
  • Monday, August 13 from 6-9 pm at the Marple Campus

For more information and instructions to register, visit dccc.edu.


Leo M. Gibbons - Landlord-Tenant Law InstructorLeo M. Gibbons is a partner in MacElree Harvey’s Banking and Finance practice. Licensed in Pennsylvania, Leo regularly advises and counsels owners, lessors, and lessees on numerous aspects of commercial real estate including leasing transactions and negotiation and landlord/tenant disputes.

To learn more about Leo’s practice email him at [email protected],
or call (610) 840-0227.

Filed Under: News Tagged With: Leo M. Gibbons

MacElree Harvey Attorneys named 2016 Top Lawyers by Main Line Today Magazine

August 5, 2016 by MacElree Harvey, Ltd.

August 5, 2016

MacElree Harvey is pleased to announce that 20 of its attorneys were named 2016 Top Lawyers by Main Line Today magazine.

Main Line Today (MLT) is a regional lifestyle magazine, serving Pennsylvania’s Western Suburbs. Each year attorneys are nominated via peer balloting, then vetted through MLT’s editorial process. To read more about this year’s winners and to see the entire list, click here.

The following attorneys were named as 2016 Top Lawyers in their respective categories of law:

  • Joseph A. Bellinghieri – Tax, Trusts & Wills
  • Robert A. Burke – Civil Litigation
  • Caroline G. Donato – Criminal
  • Patrick J. Gallo, Jr. – Civil Litigation
  • J. Charles Gerbron – Real Estate
  • Leo M. Gibbons – Bankruptcy
  • Alfred Gollatz – Civil Litigation & Alternative Dispute Resolution
  • Peter E. Kratsa – Criminal
  • Michael G. Louis – Bankruptcy
  • Kristen R. Matthews – Elder Law
  • John F. McKenna – Alternative Dispute Resolution & Elder Law
  • Brian L. Nagle – Real Estate
  • Lance J. Nelson – Divorce
  • Timothy F. Rayne – Personal Injury
  • Mary Ann Rossi – Real Estate
  • Duke Schneider – Trusts & Wills
  • Jane M. Shields – Environmental Law
  • Louis N. Teti – Trusts & Wills

About MacElree Harvey, Ltd.

With offices throughout Pennsylvania and Delaware, MacElree Harvey is a full-service law firm focused on corporate and commercial law, complex litigation and arbitration, estate planning, administration and wealth management, labor and employment, business restructuring and reorganization, trademark and copyright infringement, corporate compliance and criminal defense, federal & white collar crimes defense, real estate finance and tax law, as well as personal injury and family law.

Filed Under: News Tagged With: Alfred Gollatz, Brian L. Nagle, Caroline G. Donato, Duke Schneider, J. Charles Gerbron, Jane M. Shields, John F. McKenna, Joseph A. Bellinghieri, Kristen R. Matthews, Lance J. Nelson, Leo M. Gibbons, Louis N. Teti, Mary Ann Rossi, Michael G. Louis, Patrick J. Gallo Jr., Peter E. Kratsa, Robert A. Burke, Timothy F. Rayne

MacElree Harvey, Ltd. Successfully Represents PA Keg Supplier in an Injunction Action Brought in Federal Court by Chinese Stainless Steel Manufacturer

March 31, 2016 by MacElree Harvey, Ltd.

MacElree Harvey’s Banking and Finance attorney Leo M. Gibbons recently represented defendant, a Pennsylvania based supplier of kegs for the brewing industry, in a breach of contract action brought in federal court by Plaintiff Penglai Jinfu Stainless Steel Products, Co., a Chinese stainless steel manufacturer. In conjunction with filing the action, Penglai requested the Court to enter both a temporary restraining order and preliminary injunction.

According to PennRecord.com, Penglai alleged defendant was insolvent and unable to satisfy its debt with Penglai. Penglai’s request for an injunction was based on its underlying claim for reclamation of any kegs in defendant’s possession for which Penglai had allegedly not been paid.  Defendant successfully defended the request for injunction on the basis that Penglai could not establish its reclamation claim and the security interest held by defendant’s largest secured lender took priority over any unsecured creditor’s claim of reclamation. Penglai’s reclamation claim was denied, due to “insurmountable procedural and substantive hurdles”; since Pennsylvania law does not usually call for the reclamation of goods on credit.

Leo M. Gibbons commented:

“MacElree Harvey has a long history of successfully representing clients in business disputes. In the present matter, we obtained the necessary result that allowed our client to continue its business affairs without interference from a third party.”


Leo M. Gibbons

Leo M. Gibbons is a partner in MacElree Harvey’s Banking and Finance practice. Leo represents financial institutions, businesses, individuals and owners of commercial real estate in complex business and contractual disputes, loan and leasing matters, and post-judgment collection and enforcement, including sheriff’s sales. He also represents these clients and other creditors in workouts and bankruptcy proceedings. Leo enjoys working with business owners and individuals to solve their legal problems. He has guided numerous clients in achieving practical solutions of their problems and has successfully represented many clients before both federal and state courts. Leo can be reached at 610-840-0227.

About MacElree Harvey, Ltd.

MacElree Harvey, Ltd. is a full-service law firm serving businesses and individuals in four offices throughout Pennsylvania and Delaware. Our attorneys provide start-to-finish assistance with completing M&A deals, using the Firm’s full resources for everything from due diligence to tax-efficient deal structures to closing the deal. Whether the buyer is a strategic acquirer or a financial one, and whether the seller is a first-time business owner or a serial entrepreneur, we have what it takes to get the deal done.

Filed Under: News Tagged With: Leo M. Gibbons

MacElree Harvey Attorneys named 2015 Top Attorneys by Main Line Today

August 24, 2015 by MacElree Harvey, Ltd.

2015 Top Attorneys

mlt-1

This year marks a historic event, as MacElree Harvey has more winners than any other law firm.

  • A. Duie Latta
  • Andrew R. Silverman
  • Brian L. Nagle
  • Caroline G. Donato
  • Duke Schneider
  • Harry J. DiDonato
  • J. Charles Gerbron
  • James B. Urie
  • Jane M. Shields
  • Jaime L. Jano
  • John F. McKenna
  • Joseph A. Bellinghieri
  • Julie M. Potts
  • Kristen R. Matthews
  • Lance J. Nelson
  • Leo M. Gibbons
  • Louis N. Teti
  • Mary Ann Rossi
  • Michael G. Louis
  • Peter E. Kratsa
  • Timothy F. Rayne
  • W. Patrick Scott
  • William J. Gallagher
  • William T. Wilson

Harry J. DiDonato was interviewed by Melissa Jacobs for the article which accompanied the winners in Main Line Today’s 2015 August issue for his work in cyber defense—

“The Art of Cyber Defense

When it comes to shielding his clients from hackers, firewalls and passwords never enter the equation for Harry DiDonato. He protects them with contracts. A transaction attorney with Macelree Harvey, DiDonato devises protections for small-and-medium sized businesses that request and store personal data, including Social Security numbers and credit card numbers. “In the event of a breach, our client isn’t liable for what hackers do with that information,” says DiDonato.

Small-and-medium sized businesses are often easy targets for hackers. And, just as often, the breach is from the inside of the company. Employees with access to stored personal data can steal it easily, says DiDonato.”

ars

Main Line Today is a regional lifestyle magazine, serving Pennsylvania’s Western Suburbs. To read more about the winners, and to see the official posting, please visit http://www.mainlinetoday.com/Main-Line-Today/August-2015/Top-Lawyers-2015/

Filed Under: News Tagged With: A. Duie Latta, Andrew R. Silverman, Brian L. Nagle, Caroline G. Donato, Duke Schneider, Harry J. DiDonato, J. Charles Gerbron, Jaime L. Jano, James B. Urie, Jane M. Shields, John F. McKenna, Joseph A. Bellinghieri, Julie M. Potts, Kristen R. Matthews, Lance J. Nelson, Leo M. Gibbons, Louis N. Teti, Mary Ann Rossi, Michael G. Louis, Peter E. Kratsa, Timothy F. Rayne, W. Patrick Scott, William J. Gallagher, William T. Wilson

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