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300 Delaware Ave., Suite 1300, Wilmington, Delaware 19801

Matthew P. Austria

Partner

Direct Dial: (302) 472-6906

Email: maustria@werbsullivan.com

Biography

Matthew Austria focuses his practice primarily on the representation of  businesses in bankruptcy cases and related adversary proceedings. He has defended hundreds of parties, from small businesses to Fortune 500 companies, in preference and avoidance actions brought in the United States Bankruptcy Court for the District of Delaware with amounts in controversy ranging from $15,000 to in excess of $10 million.  Mr. Austria has also represented lenders, borrowers, vehicle and equipment finance companies, equipment lessors, landlords, tenants, condominium and owners associations, vendors, contractors, professional athletes, bidders, and other interested parties in  commercial bankruptcy proceedings. He regularly serves as local counsel, assisting in-house counsel of corporate clients and their outside counsel on various bankruptcy matters including, but not limited to:

Preference/Avoidance Defense
Motions for relief from automatic stay
Requests for allowance and payment of administrative expense claims
Lease/Executory contract assumption and rejection issues
Fraudulent transfer claims
Objections to plan confirmation
Responses to omnibus objections to claims
Critical vendor agreements
Lien Preservation
Bid Submission/Auction Participation
Section 503(b)(9) claims

 

Mr. Austria’s representative clients include John Deere, Leggett & Platt, Inc., Fujifilm Medical Systems USA, Inc., Skechers USA, Inc., Dunbar Armored, Inc., CD Listening Bar, Inc., Staubli Corp., Parsons Electric LLC, Orange Glo International, Inc., Cypress Island Property Owners Association, Inc., Las Vegas Motorcoach Resort Owners Association, and East Bay Surgery Center.

In addition to his commercial bankruptcy practice, Mr. Austria has represented individuals and businesses in the negotiation and preparation of commercial real estate leases, agreements of sale, and other business contracts. He also represents clients in general litigation matters in the federal and state courts of Delaware and Pennsylvania.

While attending Villanova University School of Law, Mr. Austria 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).

Mr. Austria is a member of the American Bar Association, the Delaware State Bar Association, the Pennsylvania State Bar Association and the American Bankruptcy Institute.

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