We have developed numerous lending – related agreements and forms and represent a diverse range of creditors in workouts. We also regularly represent the interest of debtors in workouts with lenders and other creditors. We represent creditors’ interests in both complex and routine bankruptcy proceedings in matters ranging from assisting a large national banking institution in obtaining a multi-million dollar recovery from a bankruptcy debtor to filling out proof of claim forms. We also handle collection efforts for various creditors, including debtor’s examinations, garnishments and attachments.
Our specific experience includes:
- Loan workouts on behalf of both lenders and borrowers;
- Preparing proofs of claims in bankruptcy, receiverships and proceedings involving assignments for the benefit of creditors;
- Representing purchasers of assets from bankrupt companies;
- Defending preferential transfer and fraudulent claims;
- Executory contacts;
- Litigation involving the bankruptcy automatic stay;
- Collection actions through lawsuits, arbitrations and other alternative dispute resolution methods;
- Asserting security interests against insolvent creditors;
- Closing of businesses including surrender of collateral and determination of the priorities of creditors to remaining assets;
- Implementing methods to protect assets;
- Representing guarantors;
- Prosecuting fraud and breach of agreement claims;
- Collecting judgments through garnishments, attachments and debtors’ examinations;
- Obtaining prejudgment remedies;
- Objecting to Chapter 11, Chapter 12, and Chapter 13 Reorganization Plans;
- Objecting to bankruptcy discharges;
- Objections to claimed exemptions; and
- Advising clients regarding options and alternatives to filing bankruptcy.
When payment is overdue from one party to another, the legal issues at play are important.
Understanding the rights of the various parties involved is usually the first step towards resolving the dispute.
If you are trying to enforce a debt, you must utilize the right documents and the right processes to do so. Our creditors’ rights attorneys assist a wide variety of businesses with the development of demand letter templates, sending demands for payments, obtaining and enforcing garnishments and attachments, taking additional legal actions, and enforcing judgments. We also help clients create and enforce loan workouts. When bankruptcy is involved, our attorneys can use their knowledge of the various bankruptcy laws to seek payments owed to you by preparing and filing proofs of claims and other legal documents.
- Asset purchases
- Asset protection
- Attachments
- Automatic stays
- Debtors’ examinations
- Bankruptcy alternatives
- Collecting judgments
- Collection actions
- Garnishments
- Loan workouts
- Objecting to Reorganization plans
- Objecting to bankruptcy discharges
- Objections to claimed exemptions
- Preferential transfer claims
- Prejudgment remedies
- Proofs of claims
- Prosecuting fraud
- Security interests