Jerrold S. Kulback

Jerry is a skilled creditors’ rights attorney with over 20 years of experience handling all matters arising out of the debtor-creditor relationship. His clients include banks and other financial institutions, asset-based lenders, private lenders, factors, trade creditors, landlords, equipment lessors, receivers, trustees, and equity holders. Although known for his tenacity and aggressive pursuit of remedies, Jerry is a problem solver who works closely with his clients to develop an understanding of their needs, which allows him to provide sound advice and creative solutions to resolve typically unpleasant situations in an efficient and cost-effective manner.

Jerry represents clients in connection with:

  • commercial mortgage foreclosures
  • out-of-court workouts and loan restructurings
  • forbearance agreements and deed-in-lieu of foreclosure agreements
  • enforcement of UCC Article 9 remedies and replevin actions
  • receiverships and pendente lite sales
  • distressed asset and loan sales
  • lender liability claims
  • lien priority and intercreditor disputes
  • accounts receivable collections
  • fraud and fraudulent transfer litigation
  • preference and other avoidance litigation
  • adverse possession and other real estate title and lien litigation
  • tax lien foreclosures
  • chapter 7 and 11 bankruptcies, assignments for the benefit of creditors proceedings, and other insolvency proceedings

Jerry’s experience spans a variety of industries, including real estate, hospitality, construction, healthcare, transportation, warehousing, retail, and food and beverage. He regularly represents clients throughout the United States in federal, bankruptcy and state court proceedings, at both the trial and appellate levels, as well as arbitrations and mediations.

Representative Experience

  • Represented a bridge lender in a commercial mortgage foreclosure action involving over $15 million in loans secured by eighteen residential income producing and mixed-use properties. Successfully and rapidly liquidated the collateral through pendente lite sales, while simultaneously defending against claims by junior creditors challenging the validity and priority of the client’s mortgages based upon allegations of fraud by the borrower.
  • Represented a regional bank in a commercial mortgage foreclosure action involving a branded hotel, after discovering that the borrower was absconding with revenue. Successfully petitioned the court for appointment of a receiver, while concurrently having the borrower’s claims against the lender dismissed with prejudice.
  • Represented an accounts receivable factor, and was able to procure a lucrative settlement during arbitration against the borrower’s account debtor who had initially refused to pay anything on the construction receivable.
  • Represented consignment vendors in large retail bankruptcy cases. Negotiated provisions in the DIP financing orders and sale orders protecting the consignment vendors’ interests in the goods which remained in the possession of the debtor.
  • Appointed by the Superior Court of New Jersey as a special master and receiver-in-aid of execution.

Professional and Community Involvement

  •  New Jersey State Bar Association
  • Camden County Bar Association – Debtor/Creditor Committee
  • Turnaround Management Association (TMA)
  • Risk Management Association of Southern New Jersey – Secretary
  • Rutgers School of Law – Bankruptcy Pro Bono Project

Awards and Recognition

  • Named to “Best Attorney” list for Bankruptcy and Creditor’s Rights by South Jersey Biz Magazine (2015)
  • Names to “Awesome Attorney” list by Suburban Life Magazine (2011)

Articles and Presentations

  • Speaker, “Ethical Issues Arising from the Representation of Multiple Parties in a Chapter 11 Bankruptcy,” 19th Annual Hon. William H. Gindin Bankruptcy Bench-Bar Conference (March 2017)
  • Speaker, “Boot Camp: Foreclosure and Loan Workout Procedures,” National Business Institute (July 2012; December 2013 & 2015)
  • Speaker, “Chapter 11 Plan Formulation, Negotiation, and Related Strategies,” 16th Annual Hon. William H. Gindin Bankruptcy Bench-Bar Conference (May 2014)
  • Author, How to ‘Bankruptcy-Proof’ Your Litigation Settlement,” The Legal Intelligencer (July 2010)

NEWS & EVENTS

Craig Gargano Joins Archer’s Business Counseling Group

NJDEP Proposes Rules Under New Jersey’s Environmental Justice Law

Daniel Farino to be a Panelist at NJSBA Environmental Law Forum 2022