Practice Areas at Attorneys Monteiro and Fishman in Hempstead, MFLawNY.com


BANKRUPTCY


Consumer Bankruptcy

The bankruptcy practice at Monteiro & Fishman LLP is committed to helping people who are struggling to pay their bills. We can help you achieve the following:

  • Stop harassing phone calls and letters from your creditors;
  • End wage garnishments;
  • Keep your house, car and personal belongings; and
  • Rebuild your credit.

Monteiro & Fishman LLP is committed to assisting clients undergoing financial hardship. Our legal services are available to anyone exhausted by insurmountable debt.

At Monteiro & Fishman LLP, new clients are offered their first consultation free of charge. During this confidential appointment, our experienced lawyers help clients explore solutions to their problems, including chapter 7 or 13 bankruptcy filing, or alternatives such as debt repayment programs.

Bankruptcy laws are intended to give debtors a new and fresh financial beginning by relieving most of their debts. We can help protect your assets, including your home, car, and personal belongings, while eliminating personal debts.

Business Bankruptcy

If your business fails, you do have options under the bankruptcy code that will allow you to discharge debt owed to creditors. One option is filing bankruptcy under chapter 7, where the company stops all operations and goes completely out of business. A trustee is appointed to “liquidate” the company’s assets and the money is used to pay off the debt, which may include debts to creditors and investors.

A bankrupt company might use chapter 11 to reorganize its business and try to become profitable again. Management will continue to run the company, with court supervision. These are usually very complex matters and require extensive legal work – Monteiro & Fishman LLP can guide you through this process.

Adverse Proceedings & Motions

The lawyers at Monteiro & Fishman LLP can assist you with any hearing, investigation, inquest, or inquiry brought by a trustee or creditor. We can also assist clients with any necessary motions like:

  • Motion to approve a compromise settlement;
  • Motion to extend time to file objection;
  • Motion to modify a Chapter 13 plan after confirmation;
  • Motion objection to claim;
  • Motion to reopen case;
  • Motion to convert case;
  • Motion to redeem property;
  • Motion to avoid liens
  • Motion to approve sale; and
  • Request an Order confirming the termination or inapplicability of the automatic stay.


COMMERCIAL LITIGATION

The lawyers of Monteiro & Fishman LLP are experienced in managing and litigating a case from inception through trial. The breadth of our practice covers the full range of litigation issues businesses and individuals encounter.

We know our way around a courthouse, and are dedicated to standing with our clients from start to finish.

Recognizing the business realities that our clients operate in, the lawyers of Monteiro & Fishman LLP also advise clients on pragmatic strategies to resolve their legal matters in the fastest, most cost efficient manner. When the cost and risk of litigation outweigh the potential rewards, our attorneys offer counsel on alternative dispute resolution, arbitration and mediation.


CORPORATE / CONTRACTS

In today’s competitive environment, businesses must deal with many complex legal issues. Having a smart, experienced law firm that is able to understand and address these issues can make a big difference in the financial status of your business and liability exposure. We get the results that our business clients need, and will give you the uncomplicated straight-talk that our clients have come to rely on.

Monteiro & Fishman LLP has extensive experience drafting Private Placement Memorandums (under Regulation D exemptions, Rules 504, 505, and 506; and Regulation S exemptions), all necessary SEC and state blue sky law filings and compliance, contracts, recording agreements, leases, operating agreements, regulatory filings, stock and asset purchase agreements, lease agreements, distribution agreements, non-compete agreements, non-circumvention agreements, endorsement agreements, and business sale/purchase agreements.

Our firm assists its clients in their business creations. We can help you form your corporation, LLC, LLP, partnership or other business entity, including drafting and negotiating all necessary contracts and documents. We also counsel our clients with all proper state and federal filings.

Additionally, Monteiro & Fishman LLP can also assist its clients with: (i) capital structures (i.e. senior debt, subordinated debt, convertible debt, mezzanine debt, shareholder loans, and warrants); (ii) equity offerings (i.e. IPO, PPM, SEO’s, equity carve-outs); (iii) mergers and acquisitions (i.e. takeovers, tenders, freeze-out mergers, poison pills, tag-along, drag-alone, pre-emption, due diligence, divestments, sell/buy sides); (iv) leverage (i.e. leveraged buyout/recaps, sponsors, private equity, bond offerings, DIP); and (v) valuation (i.e. financial modeling, fairness opinion, stock valuation, NPV, cost of capital-weighted, comparable analysis, enterprise value, associate company, EVA, MVA, terminal value, real options).


EMPLOYMENT

Monteiro & Fishman lawyers have represented employers and municipalities in full jury federal trials faced with discrimination, harassment and retaliation claims brought under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, wage and hour class and collective actions, and the Family and Medical Leave Act, amongst others.

Our attorneys also defend employers and municipalities before all federal and state courts, commissions and administrative agencies, including the E.E.O.C., U.S. Department of Labor and the New York Department of Labor.

The Firm prides itself on uncomplicating this complicated area, and employs business-practical strategies to achieve the most cost–effective result. At times, we vigorously litigate a matter, while other times, mediation /arbitration is more appropriate.

The lawyers at Monteiro & Fishman also represent workers in all types of employment and wage-related disputes against their employers, including overtime claims and wage and hour law violations. We have prosecuted lawsuits against some of the world's largest corporations, where employers have misclassified workers as "exempt" or an "independent contractor"; failed to pay minimum wage and overtime; or have improperly retaliated against an employee. Our efforts have resulted in millions of dollars in monetary and nonmonetary benefits for our clients.


IMMIGRATION

Monteiro & Fishman lawyers understand that excellent service should be the standard, not the exception. As such, the Firm employs a hands-on approach to its immigration practice, and its attorneys are directly available – every day – to quickly respond to all client inquires. We develop a comprehensive strategy for our clients, and keep them apprised through every phase of their case. Our clients continue to work with us because we get results, keep them informed, offer fair pricing and provide a transparent process. We focus on:

  • Family based visas and waivers;
  • Student petitions;
  • SIGS petitions in family court;
  • Work visas;
  • Naturalization;
  • Political asylum;
  • Obtaining green card through marriage;
  • Employment based immigration;
  • Removal defense;
  • Citizenship;
  • Asylum;
  • Advocacy on behalf of children;
  • Immigration litigation; and
  • Appeals to the Board of Immigration.

Our entire staff is fluent in Spanish and English, and is prepared to offer the detailed, caring representation that our immigration clients have come to rely on.


INSURANCE COVERAGE

Monteiro & Fishman LLP provides experienced insurance coverage consultation, counseling and representation to policyholders, carriers and brokers.

The lawyers at Monteiro & Fishman LLP are well versed in all aspects of insurance coverage law and maintain an active practice interpreting and rendering coverage opinions and consulting on insurance policies. Our practice also includes litigating suits involving declinations of insurance coverage and related extra-contractual issues.

The members of Monteiro & Fishman LLP have represented major insurance carriers including GuideOne Insurance Company, St. Paul Traveler's Insurance Company, Fireman's Fund Insurance Company, The Hartford and State Farm Fire and Casualty Company. We are widely recognized in the insurance industry and are well versed in the ever-increasing changes developing in this area of law.

We provide support to our clients involving personal, commercial and professional insurance coverage disputes under a wide variety of insurance policies, including general liability, homeowners, auto, builders risk, environmental, professional liability, first party, excess, umbrella, surplus lines policies and reinsurance.

Additionally, we also represent insurance agents and brokers in various insurance related matters, including underwriting issues and broker liability.


MATRIMONIAL

At Monteiro & Fishman LLP, we realize that divorce is an emotional process. We understand that you need someone who is experienced in these matters and understands how you are feeling. We can assist you during these times and provide solid legal advice.

We recognize that the most pragmatic resolution to a divorce proceeding is an amicable one, and we use our best efforts to achieve that result in the most cost effective manner. But, some divorces become confrontational and require court intervention to resolve certain disputes. In these instances, we are prepared to vigorously protect our clients and their families’ rights.


REAL ESTATE LITIGATION/LOAN MODIFICATION/FORECLOSURE DEFENSE

Monteiro & Fishman LLP provides a wide range of services in the area of real estate law from routine residential real estate transfers and refinances, to the most complicated commercial transfers, industrial lease arrangements, loan modifications and foreclosure defense.

While our experience includes commercial real estate transactions involving hundreds of millions of dollars, we provide the same level of expertise and care to every real estate deal no matter how small.

We also utilize our expertise in financing and real estate law to determine if our clients are eligible for a loan modification, either through government or bank sponsored programs. Once we determine eligibility, we work through the numbers and present client applications in the most favorable fashion to the bank. We then use our legal know-how and experience to negotiate with the banks and obtain the best possible terms for the loan. We have successfully persuaded banks to reduce monthly mortgage payments, reduce interest rates to as low as 2%, forbear arrears, forbear portions of principal, and waive interest on deferred amounts.

For clients facing foreclosure, we provide a strong defense against the bank. We have a complete understanding of the foreclosure process and utilize all laws, like the Truth in Lending Act, Home Ownership and Equity Protection Act, Real Estate Settlement Procedures Act, and Deceptive Practices Act to ensure the Firm's clients are protected.

Monteiro & Fishman LLP also provides our clients representation for all real estate transactions relating to mortgages, 1031 tax-deferred exchanges, resident/commercial purchase and sale agreements, and residential/commercial leases.

We also represent our clients in various real estate disputes, including disputes over easements, adverse possession, condemnation, eminent domain, nuisance, trespass and encroachment, and sale disputes.