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Carl Neff is a Delaware licensed attorney with the law firm of FisherBroyles, LLP and is based in Wilmington, Delaware.  Carl regularly handles matters before the United States Bankruptcy Court for the District of Delaware and has represented commercial landlords, utility companies, debtors, creditors, creditors’ committees and liquidation trusts in Chapter 7,  Chapter 11 and Chapter 13 bankruptcy proceedings.  Carl also has significant experience litigating preference and avoidance action disputes.
 
Representative Bankruptcy Matters:

  • Represented a large North Dakota utility company in the Emerald Oil, Inc., Triangle USA Petroleum and Enduro Resource Partners, LLC bankruptcy proceedings before the Delaware Bankruptcy Court, and in the Whiting Petroleum Corporation bankruptcy proceeding before the Southern District of Texas.
  • Successfully obtained relief from the automatic stay on behalf of numerous personal injury claimants in order to liquidate their claims, including most recently in the Forever 21, Inc., Celadon Group, Inc., and Hygea Holdings Corp. bankruptcy proceedings before the Delaware Bankruptcy Court.
  • Represented a litigation trust in the Chem Rx Corporation bankruptcy action which commenced numerous avoidance actions on behalf of the estate and successfully obtained a substantial recovery for the litigation trust.
  • Successfully defended numerous defendants that were sued for the recovery of preferential transfers under Section 547 of the Bankruptcy Code, along with defendants sued for the recovery of fraudulent conveyances under Section 548 of the Bankruptcy Code.
  • Defeated a motion for summary judgment filed against a defendant sued for the recovery of hundreds of thousands of dollars of alleged preferential transfer.
  • Successfully represented a multitude of creditors in various bankruptcy proceedings, including claimants seeking administrative claims under Section 503(b)(9) of the Bankruptcy Code for goods and services provided in the 20 day period prior to the bankruptcy filing, claimants seeking the reclamation of goods provided to debtors in the 45 day period prior to the bankruptcy filing, and various other secured and unsecured creditors.
  • Obtained an order from the Delaware Bankruptcy Court granting a motion to transfer venue on behalf of defendant sued for the recovery of allegedly fraudulent transfers in the DBSI, Inc. bankruptcy action.
  • Represented various commercial landlords seeking to compel payment of rent during the pendency of the bankruptcy proceeding.
  • Represented party opposing the debtors’ assumption and assignment of unexpired lease on basis that debtors failed to provide adequate assurance of future performance.
  • Represented various parties seeking to bid on assets of debtors’ estates.

Education:

  • Georgetown University (B.A., 2002)
  • College of William and Mary, Marshall-Wythe School of Law (J.D.2005)

Bar Admissions: Delaware, New York, New Jersey, and Washington, D.C.

Court Admissions:  

  • United States District Courts for the District of Delaware, Southern District of New York, District of New Jersey, and District of Columbia.
  • United States Court of Appeals for the Second and Third Circuits.

Carl can be reached by phone at (302) 482-4244 or by email at carl.neff@fisherbroyles.com.

Carl’s firm biography can be found here.