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Matthew P. Austria

Attorney at Law

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Matt focuses his law practice in the areas of commercial bankruptcy and creditors' rights. He has extensive experience representing foreign and domestic companies, individual creditors, and other interested parties in commercial bankruptcy cases and related adversary proceeding litigation. He has defended hundreds of parties, from very small, privately owned businesses to Fortune 500 Companies, in preference adversary proceedings before the United States Bankruptcy Court for the District of Delaware and other federal judicial districts with amounts in controversy ranging from less than $15,000 to in excess of $20 million.

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Matt regularly represents secured and unsecured creditors including, but not limited to, trade vendors, manufacturers, food companies, apparel companies, landlords and tenants, contractors and subcontractors, advertising companies, banks, municipalities, insurers, steel companies, healthcare companies, consulting firms, sales agents, condominium and owners associations, utility companies, professional athletes, small businesses and other interested parties in chapter 11 and 7 bankruptcy cases. In 2015, he served as Delaware counsel to one of the U.S.'s largest privately owned companies in the $307 million asset purchase of a bankrupt printing and marketing company.

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Matt serves as lead and/or Delaware counsel, assisting clients on various bankruptcy matters including, but not limited to:

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  • Pre-litigation resolution of preference demands

  • Preference and fraudulent conveyance adversary proceeding litigation

  • Representation at mediation in preference adversary proceedings

  • Enforcement of creditors' rights throughout chapter 11 and 7 bankruptcy proceedings

  • Proof of claim preparation and submission

  • Lease/executory contract assumption, assignment and rejection Issues

  • Critical vendor/trade vendor agreements

  • Motions for relief from stay

  • Motions for allowance of administrative expense claims, including section 503(b)(9) claims

  • Reponses to debtors'/trustees' omnibus objections to creditors' claims

  • Claim/lien preservation

  • Motions for allowance of late filed claims

  • Objections to plan confirmation

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  • In re Linens Holding Co.

    Counsel to mattress components manufacturer in preference action with over $4 million in controversy

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  • In re Visteon Corporation

    Counsel to Japanese auto parts manufacturer in preference action with over $1 million in controversy

     

  • In re Quantum Foods LLC

    Counsel to Tyson Foods, Inc. in preference action with initial amounts of over $20 million in controversy

     

  • In re New Page Corporation

    Counsel to global chemical materials solutions provider in multimillion dollar preference adversary proceeding

     

  • In re Goody's LLC

    Counsel to Skechers U.S.A., Inc. in preference adversary proceeding

     

  • In re BlueScout Technologies, Inc.

    Counsel to Canadian law firm in preference adversary proceeding

     

  • In re Saab Cars North America, Inc.

         Counsel to global advertising agency network in preference adversary proceeding

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  • In re Trump Entertainment Resorts, Inc.

         Counsel to promoter and live musical act in preference adversary proceedings

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  • In re Powerwave Technology, Inc.

         Counsel to Carlson Wagonlit Travel in preference adversary proceeding

 

  • In re Smurfit-Stone Container Corporation

         Counsel to creditor John Deere Credit Inc.

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  • In re RS Legacy Corporation (RadioShack)

         Counsel to multiple landlords with respect to lease assumption/rejection issues

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  • In re Sports Collectibles Acquisition Corporation dba BC Sports Collectibles

         Counsel to MLB Player on contract assumption/rejection issue

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  • In W.J. Bradley Mortgage Capital, LLC

         Counsel to interested party Texas Capital Bank, N.A.

 

  • In re Outer Harbor Terminal, LLC

         Counsel to creditor Port of Oakland

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Phone: 302.521.5197

  • Delaware

  • Pennsylvania

  • United States Bankruptcy Court for the District of Delaware

  • United States District Court for the District of Delaware

  • United States District Court for the Eastern District of Pennsylvania

Prior to founding Austria Legal, LLC, Matt was a partner at the law firm, Austria Shrum LLC, as well as partner for several years with a boutique bankruptcy law firm in Wilmington. He began his law career in Pennsylvania with Gawthrop Greenwood, a West Chester based law firm. While attending law school, Matt served as a judicial extern to the Honorable Clarence C. Newcomer of the United States District Court for the Eastern District of Pennsylvania. Prior to attending law school, he managed the Public Disclosure Department of the National Association of Securities Dealers, Inc. (NASD).

 

 

University of Pittsburgh, B.S., magna cum laude, 1997 Villanova University School of Law, J.D., 2001 

Matthew P. Austria

Representative Matters

Admissions

Judicial Externship/ Prior Experience

Education

Appointments

Court Appointed Guardian Ad Litem

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