Perry K. DeLay

Experience

Assisted in formation of new corporation by drafting articles, bylaws and other incorporation documents.

Negotiated and drafted stock and asset purchase agreements.

Drafted loan agreements.

Restated and amended tax qualified retirement plans.

Drafted nonqualified deferred compensation plans.

Designed and implemented stock options and phantom stock plans.

Assisted clients with self-audits, error correction and VCP submissions.

Represented clients before the Internal Revenue Service,, Department of Labor and the California Franchise Tax Board.

Represented CEO in litigation over delinquent payroll taxes.

Drafted petitions, schedules and motions covering every phase of corporate bankruptcy.

Drafted relief from stay motions, plan objections, cash collateral objections and other bankruptcy-related motions on behalf of secured and unsecured creditors.

Litigated relief from stay and cash collateral issues.

Represented unsecured creditors in bankruptcy proceedings, including in successful defense of preference and fraudulent conveyance actions brought by debtors.

Represented major bank in both state and federal courts throughout the United States on matters including foreclosure actions, suits on defaulted loan obligations, specific performance of contractual obligations, preference actions, fraudulent conveyances, adequate protection, the use of cash collateral and stay relief motions.

Represented unsecured creditors in bankruptcy proceedings, including successful defense of preference and fraudulent conveyance actions brought by debtors.

Participated in corporate-owned life insurance dispute with the Internal Revenue Service.

Participated in the defense of a secured creditor in bankruptcy litigation involving a suit filed under the Racketeer Influenced Corrupt Organizations Act.

Participated in defense of outside directors sued by a bankruptcy trustee for $54MM in connection with the failure of a home health care company (trial court dismissed all claims against the firm's clients based on the business judgment rule and an exculpatory clause in the corporation's articles of incorporation).

Participated in proceedings ancillary to a foreign bankruptcy.

Handled successful cradle-to-grave prosecution of $700,000 commercial foreclosure proceedings in Pennsylvania regarding office building and warehouse for a major international bank.

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