Jerrold S. Kulback
Partner
Overview
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.
Among other areas, 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, and tax lien foreclosures.
Clients appreciate Jerry’s responsiveness, attention to details and broad knowledge of creditors rights issues. Jerry takes a practical business approach to cases, understanding that the legal solution is not always the best solution. A problem solver, Jerry sees the big picture and enjoys diving deep into issues to find the most efficient response.
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.
- 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
- “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)
Credentials
Education
- Rutgers University School of Law, JD
- Franklin & Marshall College, BA
Admissions
- New Jersey
- Pennsylvania
