John Fiorella specializes in bankruptcy representation of Trustees, debtors and creditors in commercial bankruptcy proceedings, primarily in the United States Bankruptcy Courts for the Districts of Delaware and New Jersey. John also handles a wide range of commercial disputes in the United States District Courts and various state courts as well as in alternative dispute resolution proceedings. Areas of specialization include, in addition to general contract matters, bankruptcy litigation including loan workouts and restructuring, secured transactions, as well as real estate related litigation.
Representative Experience
- Representation of Chapter 7 Trustee in numerous converted mega case chapter 11 proceedings involving the sale of foreign technology companies, an aircraft manufacturer, and liquidation of multi-store retail chains.
- Specialized creditor representation of motor vehicle fleet lessors including Automotive Rentals, Inc., and Navistar Financial Corporation, in such proceedings as: Sun Armstrong World Industries, Inc., Digital Broadband Communications, Inc., ICG Funding, L.L.C., Integrated Health Services, Inc., Nortel Networks, Inc, Smurfit Container Corp., Abitibibowater, Inc., and Lyondell, Inc.
- Representation of land owner and Trustee in connection with resolution of claims of federal and state environmental agencies relating to environmentally contaminated real estate.
- Defense of major motor vehicle finance company in federal antitrust litigation alleging claims of combination and conspiracy in claims of restraint of trade, monopoly and attempts to monopolize as well as Robinson Patman Act price discrimination claims.
- Defense of mortgage insurance company in class action litigation seeking to compel return of premiums based upon fraudulent failure to disclose terms upon which such insurance could be canceled and for reformation of mortgage loans.
- Representation of a major health care insurance company in the bankruptcy case where involving negotiation for the recovery of unpaid premiums in excess of 26 million dollars and assumption of the insurance policy.
- Representation of an HMO owner and major insurance company in a five year arbitration with a group of over 300 physicians regarding claims of wrongful termination and improper administration of the HMO with damage claims of in excess of 80 million dollars.
- Represent Claridge Hotel and Casino, the debtor, as co-counsel in this Camden, New Jersey bankruptcy case involving more than $90 million in debt restructuring.