Allen J. Underwood II, Esq.
Partner

Allen J. Underwood II started as the firm’s first associate in 1999, shortly after the firm’s founding.  He attained partner soon thereafter, and became a member of the firm in 2008. Mr. Underwood is Chairperson of the firm’s Bankruptcy, Financing Restructuring and Creditor’s Rights Department.  In that arena, he represents individual and corporate creditors, debtors, creditors' committees and Trustees in Chapter 7 and 11 bankruptcy matters, as well as parties in state court receivership and insolvency matters. This practice encompasses diverse areas of state and federal law.  Mr. Underwood has represented corporate and individual plaintiffs and defendants in preference, fraudulent conveyance, breach of contract, common law fraud, and breach of fiduciary duty, employment, and commercial matters in bankruptcy.  He has also represented bankruptcy creditors on administrative, secured, priority and unsecured claims. Many of these matters involved issues of security, priority, setoff, recoupment, and possession of collateral.  Others involved parties’ subject to agreements of guaranty and indemnity, as principles, and often in the construction and insurance contexts. In representing healthcare creditors, Mr. Underwood has been involved in almost every major hospital Chapter 11 filed in New Jersey during the last 15 years.

 

Mr. Underwood’s prevailing ethos for creditors in the bankruptcy and insolvency context is to minimize cost, and maximize leverage and recovery.  The ability to achieve this, time and again, is the result of efficiency, hard work, and experience.  In addition to, and complimenting his bankruptcy and debtor-creditor practice, Mr. Underwood is a seasoned commercial attorney, who acts as outside general and special counsel to a handful of non-public, closely held manufacturing, trading, lending and service provider concerns. A strong background in commercial transactional matters, contract negotiation, and litigation derived from long debtor-creditor experience, enables fast and efficient advice at the executive level.


Mr. Underwood is a graduate of Hamilton College, where he obtained a B.A. in both history and creative writing.  Mr. Underwood obtained his J.D. from the Seton Hall University School of Law, where he was a member of the Interscholastic Moot Court Board, and the team that won Best Brief, and Third Place Overall, in the Federal Bar Association - Thurgood Marshall National Civil Rights Moot Court Competition. Upon receipt of his law degree, he was judicial law clerk to the Honorable Edward V. Torack, J.S.C. 

Mr. Underwood is admitted to practice before the courts of the states of New Jersey and New York as well as the District of Columbia.  He is also admitted to practice before the Federal District and Bankruptcy Courts of New Jersey, and the Southern, Eastern and Western Districts of New York. Mr. Underwood has also appeared pro hac vice in numerous Delaware bankruptcy matters. 

 

Mr. Underwood is a member of the New Jersey State Bar Association and its Bankruptcy Section, the Association of the Federal Bar of the State of New Jersey and the American Bankruptcy Institute.  He is also an associate member of the Bergen County Bar Association as well as a member of the Turnaround Management Association and the Garden State Credit Associates and the Association of Commercial Financial Attorneys.  In 2011, he was named one of New Jersey Law Journal's "40 under 40". 

In 2014, Mr. Underwood received from Martindale-Hubbell® Peer Review Ratings™ A Peer Review Rating of AV® Preeminent™ in Bankruptcy, Insolvency and Creditor's Rights. This is the highest rating obtainable. 

Mr. Underwood speaks frequently on bankruptcy and commercial matters, at private client seminars, and events sponsored by the New Jersey Institute for Continuing Legal Education (NJICLE), the American Bankruptcy Institute (ABI) and other industry organizations.

Bankruptcy, Insolvency and
Creditors' Rights

Business Services

Corporate

 

Areas of Specialty:

Commercial Transaction
Corporate Governance

Education:

Seton Hall University School of Law, J.D.

Hamilton College, B.A.

Admitted to Practice:
New Jersey
New York
District of Columbia

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