Clients turn to the attorneys in our creditors’ rights and bankruptcy group for broad experience and expertise on a wide range of matters arising from the debtor/creditor relationship. Our commercial creditor clients look to us for sound advice on how to accomplish their objectives in a timely and cost-effective manner.
Our attorneys have extensive experience helping financial institutions and creditors with loan enforcement and collection needs including:
- Pre-judgment and post-judgment remedies;
- Asset searches and debtors exams;
- Receivership;
- Foreclosure;
- Deficiency actions
Our attorneys also have extensive experience representing commercial creditors with interests at risk in bankruptcy. Our clients value our advice and expertise in dealing with the wide range of issues that may arise in bankruptcy including:
- Stay relief;
- Cash Collateral Motions;
- Preferences;
- Fraudulent Transfers;
- Lien Avoidance;
- Setoff;
- Non-Dischargeability Claims;
- Commercial Lease Assumption and rejection;
- Plan Confirmation Disputes;
- Subordination;
- Lender liability claims
Our recent engagements include representation of commercial creditors and debtors in a variety of disputes:
- Representing a national vehicle inventory lender in all aspects of debt collection ranging from work out documentation, obtaining provisional remedies to recover inventory and other collateral, enforcement and collection actions, bankruptcy representation including prosecuting lift stay motions, claim litigation, and plan litigation. These engagements also typically involve litigation against corporate and personal guarantors.
- Representing equipment lessors in all aspects of debt collection ranging from obtaining provisional remedies to recover of inventory, enforcement actions and collection, and bankruptcy representation including prosecuting lift stay motions.
- Representing debt buyer in all aspects of collection and enforcement.
- Representing receivers appointed to preserve, manage, and sell collateral ranging from operating companies to raw land.
- Representing corporate tenant in largest real estate bankruptcy.
- Representing ground lessor in obtaining prompt payment from tenants in bankruptcy and litigating issues surrounding assumption and rejection of leases.
- Representing electric utility in asserting claims in bankruptcy for wholesale power sales.
- Representing guarantor defending claims with respect to a multimillion dollar loan on a private jet.
- Representing two individual guarantors defending claims on a multimillion dollar loan secured by a residential development.
- Representing utility in asserting claims in investment banker bankruptcy arising from defaults under forward contracts for sale of wholesale power.
- Representing contractors to enforce mechanics lien claims and payment remedies against debtors in bankruptcy.
- Advising utility on work out negotiations with governmental entity threatening municipal bankruptcy.
- Defending borrower and guarantor in asserting fair market value defenses.
