Walter J. Fleischer, Jr. represents clients in commercial litigation at both the trial and appellate levels. His experience includes real estate litigation; title, lien and boundary disputes; mortgage foreclosures; lease disputes; contract litigation; franchise litigation; creditors' rights; false advertising litigation; consumer fraud litigation; and shareholder and other business disputes including corporate governance issues.
Walt also has significant experience litigating chancery and equitable matters, including injunctions, enforcement of non-compete agreements and suits for specific performance of contract obligations.
In the bankruptcy arena, he has handled trials of non-dischargeability issues, defense of preference actions and prosecution of motions to dismiss bad faith filings. He has also represented secured and unsecured creditors.
Walt has extensive experience representing clients in litigation at both the trial and appellate levels. His representative matters include:
- Represented a large national bank in connection with the foreclosure of a mortgage securing a loan in excess of $30 million. We successfully defeated the borrower’s challenges to the bank’s right to foreclosure and request for appointment of a receiver. We then negotiated a workout, giving the borrower an opportunity to refinance. After the borrower was unable to obtain financing, title to the property was transferred to the client’s affiliate through a deed in lieu of foreclosure transaction.
- Successfully represented a UK-based bank in connection with loans totaling more than $22 million made to six related entities secured by six different properties. After a lengthy trial, we obtained a favorable judgment. The borrowers then filed for bankruptcy. We obtained relief from the automatic stay to allow our clients to proceed with foreclosure. At that point, the borrowers paid the judgments, including the entire principal amount owed together with approximately $1.5 million in interest and legal fees.
- Represented a major national commercial bank in connection with the foreclosure of a mortgage lien of $52 million on a hotel/conference center. We obtained a judgment, negotiated a deed in lieu of foreclosure transaction, and then represented the lender/owner in litigation over the proper allocation of several million dollars of utility liens, and the subsequent sale of the property and an associated liquor license.
- Successfully represented the owner of land leased to a hotel and an office building against title claims by a prior owner in the chain of title who alleged that the land had been improperly transferred pursuant to a scheme involving a forged deed and related instruments.
- Successfully represented a major national title insurer in numerous coverage matters.
- Successfully represented a large real estate developer against claims including fraudulent transfers and alter ego liability in a matter seeking to recover in excess of $10 million.
- Represented franchisors and franchisees in various franchise disputes, including terminations and other matters involving the New Jersey Franchise Practices Act, the federal Petroleum Marketing Practices Act, and other statutes.
- Successfully prosecuted a consumer fraud case resulting in an award of treble damages and attorney fees.
- Represented defendants in false advertising litigation under the Lanham Act and state law claims.
- New Jersey
- University of Maryland School of Law, J.D., 1978, Order of the Coif, Maryland Law Review
- Johns Hopkins University, B.A., 1974
- U.S. Supreme Court
- U.S. Court of Appeals, Third Circuit
- U.S. Court of Appeals, Sixth Circuit
- U.S. District Court, District of New Jersey
- New Jersey State Bar Association
- Morris County Bar Association, Chancery Practices Committee
- American Bar Association