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Douglas N. Candeub

Counsel

Overview

Doug Candeub has long and broad  experience working to achieve effective outcomes for his clients in matters pertaining to bankruptcy, insolvency, and creditors’ rights. As a litigator, Doug represents business clients in both state and federal court, at the trial and appellate level, while as  a business lawyer, he provides advice and representation to clients on business issues and disputes.

Doug has represented a wide range of creditors as well as corporate and individual debtors, creditors' committees, purchasers of debtor assets, and chapter 7 trustees. Creditor representations have included prepetition lenders, trade creditors, landlords, homeowner associations, tort plaintiffs, construction contractors, equipment lessors, health care providers, private equity funds, predecessor entities, insurers, directors and officers, and lawyers and accountants. Doug is regularly involved in litigating and negotiating the range of disputes arising in bankruptcy cases. In addition, Doug has successfully argued appeals in the Third Circuit Court of Appeals.

Experience

  • Representing the interests of creditors through all appropriate means, such as motions for stay relief, notices to preserve mechanics liens, motions to assume or reject executory contracts and unexpired leases, motions to allow administrative expense claims, proofs of claim and oppositions to claim objections, and plan objections.
  • Representing secured parties in preserving their interests in debtor assets
  • Representing defendants in estate actions to recover preferential transfers and fraudulent transfers
  • Investigating and pursuing estate causes of action for debtors, committees and trustees
  • Representing prospective purchasers of a debtor's business and other debtor assets
  • Advising small business owners on prepetition asset protection
  • Representing corporate debtors in gaining use of their cash collateral, obtaining DIP financing, and restructuring debt

Professional Affiliations

American Bar Association, Business Bankruptcy Committee in the Business Law Section
American Bankruptcy Institute
Delaware Bankruptcy Inns of Court, Team Leader for CLE program on “The Art of Presentation,” May 2011. Led other CLE program sub-groups
Delaware State Bar Association
Philadelphia Bar Association
Eastern District of Pennsylvania Bankruptcy Conference, Co-chaired preparations for topical seminar materials at annual conference, 2002 and 1996

Representative Matters

In re Hudson Palmer Homes, Inc.
Doug is representing a group of homeowners, whose homes were defectively constructed, in the chapter 7 bankruptcy case of the Pennsylvania residential developer who built and sold them their homes, gaining stay relief for the homeowners to seek judgments and collect from available liability insurance. Doug succeeded in defeating the trustee’s motion asking the court to treat all the liability insurance as property of the estate.

In re GCX Limited
Doug represented a large telecom company and equity holder in the Debtors, in a contested hearing on plan objections.

In re Raytrans Holdings, Inc.
Doug briefed and argued an appeal to the Delaware Supreme Court, leading to a ruling which narrowed the grounds of a lower court’s adverse ruling, which ultimately facilitated a subsequent settlement between the parties.

In re Exide Technologies
Doug represented appellants, the former owners of the Debtor’s business, in this successful appeal to the Third Circuit Court of Appeals in connection with complex jurisdiction and abstention issues [reported at 544 F.3d 196 (3d Cir. 2008)]

In re Qualteq, Inc., d/b/a VCT New Jersey, Inc. 
In bankruptcy court in Delaware, Doug represented a large trade creditor’s interests in coordination with the debtors and creditors committee

Green Bridge Capital S.A. and Special Situation S.A. v. Shapiro (In re FKF Madison Park Group Owner, LLC)
In bankruptcy court in Delaware, Doug handled parts of this litigation among the debtor LLC’s three members over who had authority to control the Debtor, leading to a ruling in the client’s favor

In re Philadelphia Newspapers, LLC
In bankruptcy court in the Eastern District of Pennsylvania, Doug’s representation of the former owner of Debtor’s business in a dispute with the Debtor over continuing obligations to fund self-insured retention portion of a workers’ comp insurance program led to an award of an administrative claim)

Official Committee of Unsecured Creditors of The IT Group, Inc. v. Acres of Diamonds, L.P. (In re The IT Group, Inc.)
In bankruptcy court in Delaware, Doug’s representation of the defendant in a preference and fraudulent transfer action led to summary judgment granted in defendant’s favor

Wilmington Paper Corp. v. Anda Management, LLC, et al.
In Delaware Chancery Court, Doug represented the plaintiff LLC member in a dispute with the LLC’s other member, obtaining an injunction to protect the client’s interests in view of the other member’s misuse of company property

In re Martin's Aquarium, Inc.
In the Third Circuit Court of Appeals, Doug successfully gained an overturning of an adverse bankruptcy court ruling pertaining to the implementation of a multi-party settlement [reported at 98 Fed.Appx. 911 (3d Cir. 2004)]

In re Pocono Springs, Inc.
In bankruptcy court in the Eastern District of Pennsylvania, Doug represented this debtor in, among other things, plan of reorganization disputes, ultimately resulting in a confirmed plan

In re Mall at One Associates, L.P.
In bankruptcy court in the Eastern District of Pennsylvania, Doug represented the second lien holder in multiple proceedings, which ultimately resulted in its assuming the first lien mortgage, credit bidding and prevailing at an auction to gain ownership of the debtor’s shopping mall property

Publications

Articles & Publications

News & Events

Community

Community

Former member, Executive Committee of the Board of Temple Beth Zion Beth Israel

Former member, Executive Committee of the American Jewish Committee, Philadelphia and South Jersey Chapter

Recognition

Honors

University of Pennsylvania Law Review

Legal Writing Instructor, University of Pennsylvania as third year law student

T 302.888.6854
F 302.504.3944

Clerkships

Clerk for The Honorable Robert M. Hill, United States District Court, Northern District of Texas

Admissions

Delaware, 2002
Pennsylvania, 1984
U.S. Bankruptcy Court, District of Delaware
U.S. District Court, District of Delaware
U.S. Court of Appeals, Third Circuit

Education

University of Pennsylvania Law School, JD, cum laude, 1982
Cornell University, BA, 1979

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